The Tolerance Obligation In Contiguous Relationship

This paper makes a systematic study on the system of tolerance obligation of contiguous relationship,and combines the theory and specific cases in our country's actual judicial practice.The introduction of this article explains the current situation of the tolerance obligation of contiguous relationship through the detailed data,suggesting that the current social disputes of the contiguous relationship of tolerance obligation are increasing.At the same time,most people "hate" the process of litigation,which leads to the possibility of more disputes in practice.Therefore,the author is trying to discuss this topic with reference to tolerance obligation of contiguous relationship.This paper has five parts.The first part introduces the conception and legal theory of the tolerance obligation in contiguous relationship.To deeply understand the definition of the tolerance obligation,it is necessary to define the scope of this concept and distinguish it with other relevant concepts.Secondly,starting from the basic principles of civil law,the author makes a detailed discussion on the basis of the existence of the tolerance obligation,which supports the necessity of the existence of the tolerance obligation.In order to deeply understands the future development of the tolerance obligation,the author read the draft of the code of civil law of PRC carefully.The second part introduces the origins and developments of the tolerance obligation of contiguous relationship.The tolerance obligation of contiguous relationship originates from the ownership theory of Roman law.The core of ownership theory is to determine the absolute ownership of real estate right holders.As long as the behavior based on ownership is effective,it does not need to bear any adverse consequences,even if it may infringe the interests of the neighboring right holders,it is still a legitimate behavior.However,based on the theory of ownership,the law does not allow anybody except the right holders to make any interference of the ownership.From this perspective,it greatly limits the neighboring right in daily life people needed,which is also not conducive to make full use of social resources Therefore,in such a social background,the relevant theories of tolerance obligation of contiguous relationship emerge,effectively solving the practical problems of ownership.The third part introduces the subject of tolerance obligation,and analyzes this topic from four aspects:natural person,legal entity,unincorporated entity and the state.We discuss the questions about what conditions the subject of tolerance obligation should have in this relationship and whether the subject bears the tolerance obligation differently under the condition of the same subject which discussed in this part.The fourth part introduces the tolerance boundary of tolerance obligation of contiguous relationship.This part mainly discusses the identity of neighbors.Based on that,this article discusses in detail the explanation of this problem in different jurisdictions,which including the statutory laws and precedence.The above content has played a guiding role in the judicial practice of the judgment,and has the reference function to our legislationThe fifth part briefly introduces the trend and prospect of the tolerance obligation of contiguous relationship and puts forward an optimistic view on the future promotion and current arguments.