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Does the noise disturb the property?
After the implementation of the Civil Code, residents can directly defend their rights according to the right to live in a safe house, and request the court to judge the infringer to stop the infringement and eliminate legal responsibilities such as obstruction.
The so-called right to peace in private life is the right enjoyed by natural persons to maintain a stable and peaceful private life and exclude harassment and infringement by others. Article 1032 of the Civil Code clearly brings the right to a peaceful life into the scope of civil law protection.
What residents need to be reminded is that in the litigation stage, the court pays more attention to the probative power of evidence to the facts of the case. Therefore, residents must pay attention to fixing and collecting evidence. For example, the process of noise generation can be saved by audio and video recording. It is necessary to pay attention to the time, place and identity information of both parties, but remember not to infringe on the privacy rights of others; It is also possible to prove the generation and consequences of noise through witness testimony. Usually, witnesses need to testify in court, otherwise, the court will not accept the testimony of witnesses without cross-examination.
In addition, if the noise has caused serious consequences to the parties, and the parties demand compensation for mental damage, they need more sufficient evidence to prove it.
property management
Article 286 of the Civil Code stipulates that the owners shall abide by laws, regulations and management regulations, and relevant actions shall meet the requirements of saving resources and protecting the ecological environment. For property service enterprises or other managers to implement emergency measures and other management measures implemented by the government according to law, the owners shall cooperate with them according to law.
So the property also has the obligation to maintain the order of the community. According to the provisions of the Civil Code, if there is acousto-optic pollution in residential areas and their rights and interests are damaged, they can request the owners' assembly and owners' committee to govern, or they can request the management of residential property. If the infringer refuses to stop his infringement, the victim can also report or complain to the relevant administrative department, and the relevant administrative department will intervene in the control.
Warm tips for property to avoid noise disturbing people
Living in a city, noise is inevitable, but if the noise comes from neighbors, upstairs and downstairs, it means that your life will be full of all kinds of troubles. Some surveys show that noise pollution of residential buildings has become a new source of neighborhood contradictions.
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