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Someone in the neighborhood is parking in my garage. Can you call the police and ask for a tow truck?
Garage owners enjoy exclusive rights after purchase and are protected by property law, and others may not occupy them without authorization. Occupation is suspected of infringement, which belongs to the infringement stipulated in the Property Law.
The illegal act of infringing upon others' property rights belongs to civil tort. If negotiation fails, the offender may also bring a lawsuit to the court for settlement, demanding that the infringement be stopped and compensation be paid.
When the owner finds that the parking space is occupied, he can require the property to resume the normal use of the parking space according to the contract, or declare his rights and interests to the occupier, so that he can bear the relevant losses caused by the infringement.
Extended data:
1, facts of civil tort damage
Damage facts include damage to public property, damage to private property and damage to non-property rights.
Fact damage refers to the loss of personal or property interests caused by certain acts or events. This kind of bad interest refers to the bad state and bad consequences suffered by all rights and interests recognized and protected by law.
Property damage includes direct damage and indirect damage. Direct damage, also known as positive property loss, refers to the reduction of the victim's existing actual property, while indirect damage, also known as negative property loss, refers to the reduction of the victim's available interests. Personal injury includes damage to life, health, reputation and honor. And personal injury often leads to certain property losses.
2. Causality of civil tort
Causality in tort refers to the objective connection between the illegal act and the damage result, that is, whether the specific damage fact is the inevitable result of the actor's behavior. Only when there is a causal relationship between the two, the actor should bear the corresponding civil liability.
Causality is complex and changeable, and the occurrence of a damage consequence is often caused by multiple reasons, which may include primary and secondary reasons, as well as direct and indirect reasons.
There is a causal relationship between illegal acts and damage facts. In other words, the fact that the damage is caused is due to the implementation of illegal acts. If the fact that the damage is caused is not caused by the implementation of illegal acts, it does not constitute infringement.
References:
Baidu Encyclopedia-Elements of Civil Tort
References:
Baidu Encyclopedia-People's Republic of China (PRC) Property Law
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