Research On The Exclusion Request Right In Property Law

The right to exclude is an important part of the claim for real right.The formal establishment of the system should be benefited from the introduction of the property law.The provisions of the thirty-fifth provision of the law provide a legislative basis for the system of obstruction of exclusive claim.However,there is no unified understanding of the constitutive requirements and legal effects of the system by the academic and practical practice,which leads to the blurred application of the law in practice and the occurrence of different cases of the same case.This article begins with the comparison between the claim right of return of the original property,the right to obstruct the claim and the exclusion of the nuisance on the law of the creditor's right,first to clarify the confusion of the similar concepts.In this process,some simple cases are used to illustrate the application of the similar concept to the system.And the trouble comes with.Then,on the basis of this,we analyze the constitutive requirements of the right of nuisance and exclusion,in view of the lack of explicit rights subject exposed in the current law,the difficult to define the scope of tolerance,the inaccuracy of nuisance and inaccuracy,and to put forward his own opinions.The author thinks that the usufructuary right person should be included in the subject of right of the system,the lessee also has the right to put forward the claim of impairing the exclusion.The reason is that the rents have the property of quasi real right,and the lessee is in a weak position in the society,the lessee makes the maximum use value and the value of the income.The law should protect this part of the group.And the scope of tolerance is how to determine the specific discretion of the judge in accordance with the different circumstances,especially in the determination of the tolerance due to public law,the judge should measure between the public interest and the private interests.Whether it constitutes a nuisance should focus on four factors: illegality,continuity,materiality and irrationality.After this,the legal effect of the right of obstruction of the exclusion of the claim is discussed,and the main analysis of how to burden the cost from the exclusion of the nuisance is the problem that there are many disputes in practice.The author believes that although the composition of nuisance does not require relative person's fault,we should consider the subjective state of the opposite party when the cost is borne.For this reason,the author combs and answers the difficulties arising from the cost burden process according to different situations of nuisance.