Private Law Adjustment Of Adjacent Immeasurable Substances Emission Relationship

This paper tries to make a new explanation on legal questions about the relationship of neighborhoods which based on the immission of imponderable substances, and then apply this explanation to the correlative questions.The main part of this paper was divided into five chapters.In chapter one, the paper investigated the core articles of relationship of neighborhoods which based on the immission of imponderable substance of some civil law countries, in them, the most representative is article 906 of BGB. Though some few civil law countries developed a series of rules and theories in practice but not in Civil Code to resolve the questions with immission, more traditional civil law countries lay special provision on immission, and take it as one part of neighborhood relationship on property law.In the second chapter, this paper inspected the history of the rules of immission’s development in our country. After that, the paper analyzed article 90 of our property law. And from that analysis, the paper pointed out that article 90 could not play its role in regulating the relationship between parties whose real estate neighboring each other effectively. This article did not belong to core provisions of immission. In chapter 3, the paper divided imission into two different parts, one of them is normal and the other is abnormal. Under normal circumstances, the immission was mainly regulated by property law, and under abnormal, the tort law. The boundaries of normal and abnormal was the limit of duty of tolerate. Thus, duty of tolerate became the core question of immission logically.In chapter four, the paper focused on immission under normal circumstances. First, I took a research on the general theory of duty of tolerate. And then, from some cases, I discussed how legislation and judicial find and apply duty of tolerate to resolve cases, and how they could judge the range of the duty of tolerate. The paper holds that, as we judge the range of duty of tolerate, we should not rely on one sole factor, but taking every important factor into account.In chapter five, the paper studied immission under abnormal circumstances. From some concrete cases, the paper discussed the principles of determining liability, how the victim exercise his right of claim, and how the immission part undertake his due obligations. The paper believes that, every kinds of principles of determining liability has its chance to apply to immission torts. In torts of immission, what are affected mainly are the rights of personality. What the plaintiff most needed is ceasing the infringing act and compensation for loss.