A Case Study on the Damage of Neighboring Rights in Civil Code

Legal analysis: an old residential area, 7 buildings with 98 households, each unit 14 households. Ye and Yang are neighbors of the same unit. They have been getting along well for more than 20 years. In 20 18, the people's government of XX city decided to install elevators for some old residential areas and carry out renovation of old residential areas. The residential area where Yemou lives belongs to the transformation scope of this Huimin project. Through a series of compliance procedures, the project of installing elevators in Ye and Yang's residential areas began construction. Yang, a resident on the first floor, suddenly repented, unreasonably hindered the elevator construction and parked his two cars at the construction site, which led to the suspension of elevator installation. Ye and others 1 1 households are dissatisfied with Yang's practice. After many times of ineffective work, they sued the court and asked Yang to stop the infringement and remove the obstacles. Yang refused to accept, filed a counterclaim and asked the people's court to order Ye and others to stop installing elevators and restore the original state. -Legal provisions of the Civil Code-According to the provisions of Article 278 of the Civil Code of People's Republic of China (PRC), the reconstruction and reconstruction of buildings and their ancillary facilities shall be approved by more than three-fourths of the owners and more than three-fourths of the voters in the exclusive area. Article 1 167 of the Civil Code of People's Republic of China (PRC) stipulates that if the infringement endangers the personal and property safety of others, the infringed has the right to request the infringer to bear the tort liability of stopping the infringement, removing the obstruction and eliminating the danger. This case is a civil case of neighboring rights dispute. Neighborhood right refers to the right enjoyed by the owner or user of real estate when dealing with neighboring relations. In order to reasonably exercise its ownership or use right, either party has the right to ask other neighboring parties to provide convenience or accept certain restrictions. Neighborhood should be harmonious! After installing the elevator, it will bring great convenience to the owners above the second floor, especially the elderly and children. Therefore, Yang should follow the principle of "favorable production, convenient life, solidarity and mutual assistance, fairness and reasonableness" and correctly handle the adjacent relationship, and shall not take any actions to obstruct the construction without authorization.

Legal basis: Civil Code of People's Republic of China (PRC).

Article 278 The following matters shall be decided by the owner:

(a) to formulate and amend the rules of procedure of the owners' congress;

(2) Formulating and amending management regulations;

(three) to elect the owners' committee or replace the members of the owners' committee;

(four) the selection and dismissal of property services companies or other management personnel;

(five) the use of funds for the maintenance of buildings and their ancillary facilities;

(six) to raise funds for the maintenance of buildings and their ancillary facilities;

(seven) renovation of buildings and their ancillary facilities;

(eight) change the use of * * * or use * * to engage in business activities;

(nine) other major matters related to the management rights of * * * and * * *.

The owners * * * agree that the decision shall be passed by the owners who account for more than two-thirds of the exclusive area and more than two-thirds of the total number. Decisions on matters specified in Items 6 to 8 of the preceding paragraph shall be subject to the consent of the owners and more than 3/4 of the voters who participate in voting on the exclusive part. Other matters specified in the preceding paragraph shall be decided with the consent of more than half of the owners voting, and with the consent of more than half of the owners voting.

Article 1067 If parents fail to perform their maintenance obligations, minor children or adult children who cannot live independently shall have the right to ask their parents to pay alimony. Parents who fail to perform their maintenance obligations, lack the ability to work or have difficulties in life have the right to ask their adult children to pay alimony.