Study On The Civil Rule Of Buildings Going Beyond Boundary Limits

The problem of buildings going beyond boundary limits is of long standing and very common in practice.For the scarcity of land resources and complexity of land use,the civil rule of buildings going beyond boundary limits plays a leading role in carrying out efficiency principle of real right law and improving the legal system of neighbouring relations of the real estate.But the civil law system of our country which takes the Real Right Law as core doesn't provide the civil rule of buildings going beyond boundary limits.Since the complexity of neighbouring relations of the real estate is not the reason for inattentive legislation,this legal loophole brings out no small difficulties in resolving the disputes on the problem of buildings going beyond boundary limits in practice.So standing on the civil rule of buildings going beyond boundary limits,this dissertation takes the influence imposed on the protection of private rights by efficiency principle as point of penetration,discusses the legislative value,the constitutive requirements as well as the legal effects and describes how to establish the civil rule of buildings going beyond boundary limits in our country on the basis of comparative study.Besides Preface and Conclusion,this dissertation is divided into three chapters as follows:Chapter One mainly talks about the general theory of buildings going beyond boundary limits.Firstly,it introduces the causes of buildings going beyond boundary limits,then comes to the concept and characters of them.Secondly,it puts emphases on the theoretical basis for the civil rule of buildings going beyond boundary limits, namely the connotation and function of efficiency principle.Chapter Two chiefly dissertates the civil rule of buildings going beyond boundary limits in the civil law countries as well as the theory and legislation about buildings going beyond boundary limits in the common law system countries.Then,it generally introduces the related legal history and actuality in our country.Chapter Three firstly probes into the constitutive requirements and legal effects of the civil rule of buildings going beyond boundary limits on the ground of comparative study.According to the legal tradition,public ownership of land and the system of real estate management in our country,it discusses some particular problems,such as the subject range and the right mode.Finally,it gives some constructive opinions for the establishment of the civil rule of buildings going beyond boundary limits in our country.