Case of the principle of prohibiting abuse of rights in civil law

The huge bathtub makes it difficult to enter the house.

Case: The owner Gu bought a giant bathtub which covers an area of about 8.9 square meters and can release about 4.2 tons of water, and prepared to install it in the 29th floor property where he lived, which was strongly opposed by the surrounding owners. The property management company consulted relevant experts and prevented Gu from lifting the giant bathtub on the grounds that the floor of the house could not bear the weight of the bathtub when it was used.

Question: Can all the purchased properties be put in your own property?

Judgment: Gu advocates moving all his bathtubs into his own property and does not support it.

Basis: Article 27 of the Regulations on the Administration of Residential Property in Shanghai stipulates: "Owners and users should abide by the relevant provisions of laws and regulations, and correctly handle the adjacent relations in terms of water supply, drainage, transportation, ventilation, lighting, maintenance, environmental sanitation and environmental protection in accordance with the principles of being conducive to the use and safety of the property." Paragraph 2 of Article 29 stipulates: "Property management enterprises shall guide and supervise residential decoration activities, and shall discourage and stop acts that violate Article 18 of these regulations."

Citizens can only freely exercise their right to possess, use, benefit from and dispose of personal property within the scope prescribed by law. The property shall be used safely and reasonably, and the relevant provisions of laws, regulations and owners' conventions shall be observed. Long-term use of giant bathtubs will inevitably do harm to the floor strength and load-bearing structure of the building, which will make the building have potential safety hazards. At the same time, we should also give consideration to the interests of neighboring parties, otherwise we should make necessary restrictions without damaging the public interests and the rights and interests of others.