“With the case view” object neighbor door from inside open to outside open, the court: object effective!


Because neighbor door “from inside open change outside open” produce dispute, Ms Zhang appeal to the court, request the court to judge neighbour Ms Liu to restore inside open door.Haidian court after hearing, the judgment of Ms. Liu will be involved in the house within the time limit to open the door from the outside to open for the inside.Madam Zhang of brief case of a case introduces plaintiff appeals to say, its and Madam Liu are next-door neighbor, before decorating 2 people get along harmoniously.But when as a result of Madam Liu is decorated in the near future, without authorization will enter door by inside open instead outside open, affected zhang madam normal travel and life seriously.Both sides negotiated for many times, Ms. Liu did not agree to resume.Therefore, Ms Zhang appeals to the court, request judgment order Ms Liu to eliminate the nuisance, will be living in the house door from outside the door to open the door inside.The defendant, Ms Liu, argued that she did not agree with all ms Zhang’s claims.The first, when Ms Liu is decorated, corresponding procedures have been dealt with by property regulations, and the relevant matters that ask property to open the door outside, property said to prohibit clearly.The 2nd, when Madam Liu is decorated, also opened the door with respect to matters of next door resident undertook communication, resident did not express refuse, just madam Liu is not clear at that time this resident is the tenant of madam Zhang’s building only.Third, Ms. Liu lives in the community there are also many residents will open the door by the inside to the outside, and the outside door and did not affect Ms. Zhang’s normal life.After court court that according to this case to find out the fact that using the house door between the two sides within the original design are open, and Mrs. Zhang the door of the house staff must pass a liu discrepancy, within reason liu home his original after open a door to the outside, do house workers travel caused some hindrance to ms zhang,And there are certain security risks.In the meantime, although change of madam Liu enters door door passed the consent of the resident personnel inside Madam Zhang’s building, but these people are not the property right person of the building, did not equal to the consent of madam Zhang.In addition, with other residents in the community to change the way to open the door behavior has nothing to do with this case.Therefore, the court’s final judgment in support of Ms. Zhang’s lawsuit request, Ms. Liu will be required to restore the door to open.After the sentencing, Ms Liu refused to appeal, the second trial upheld the original verdict, the case has now come into force.The judge said that neighboring relationship dispute is a common civil dispute, which takes up less space in the civil Code, but in fact, the content of adjacent relationship can be said to be all-inclusive. The problems of water interception and drainage, passage, lighting and ventilation between neighbors are the scope of adjacent relationship adjustment.So what is adjacency?What is the principle of adjacent relation processing?1. Meaning of adjacent relationship The adjacent relationship refers to the relationship of rights and obligations formed by the adjacent parties when two or more owners or users of adjacent immovable property exercise the ownership or use right of the immovable property, such as ventilation, lighting, water use, drainage and passage, etc.The exercise of ownership is not absolute, the ownership without restrictions will inevitably bring social contradictions increase the bad consequences.Therefore, in order to ensure the harmonious relationship between adjacent real estate right holders, to solve the conflicts between two or more adjacent real estate owners or users due to the exercise of rights, to maintain the balance of interests of adjacent real estate parties, the adjacent relationship arises at the historic moment.Article 288 of the Civil Code follows the general Principles of the Civil Law and the Property Law, stipulating that the adjacent right holders of immovable property should correctly handle the adjacent relationship in accordance with the principles of favorable production, convenient life, solidarity and mutual assistance, fairness and reasonable.In judicial practice, we should analyze specific cases and judge the limits of rights between different adjacent right holders according to the above four principles.If any loss is caused, the damaged rights and interests of the neighboring right holder shall be restored in accordance with the principle of remedy by stopping the infringement, eliminating the obstruction and compensating for the loss.It should be noted that since the opposite party of the right and obligation in the adjacent relationship is the owner or user of the adjacent real estate, the judgment of inconvenience and the corresponding expression of intention should be based on the adjacent parties.The judge suggested that in daily life, if there is a renovation behavior involving public areas and adjacent areas, it should be negotiated with neighboring parties in advance. If consent is obtained, both sides can sign relevant agreements or instructions to avoid subsequent disputes.In addition, the obstruction formed in the adjacent relationship does not have to have actually occurred. In most cases, if the risk of obstruction can be clearly confirmed through the behavior after transformation, it can be considered that the transformation behavior has constituted obstruction.Disclaimer: This article is reproduced for the purpose of conveying more information.If the source is wrong or violated your legitimate rights and interests, please contact the author with proof of ownership, we will promptly correct, delete, thank you.Email address: newmedia@xxcb.cn

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