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Zhengzhou " matter right law " rule garage of the first case is sentenced to dem
From;  Author:Stand originally

Garage of each drive a vehicle is built on moorland, but because affect neighbour to pass through, li Fang (alias) must demolish its. Court of Zhengzhou high new developed area adjudicates this case formally, be restricted Li Fang demolishs tort garage inside 10 days. From " matter right law " since will be being carried out on October 1, this is two class court of justices of Zhengzhou town first according to this law conclusion. Sue: Be the same as around courtyard, two neighbour clutch wears   Zhang Yun (alias) with Li Fang it is around courtyard neighbour, two have among the home street, home Li Fang is south the road, home Zhang Yun is in road north. Last year on September 1, hire room door to put a bicycle to go to the lavatory, li Fang is crossed street, in the moorland upper cover among two buildings garage of each drive a vehicle, the garage is not worth one person from Zhang Yun's building far, the eave after the garage is the same as basically with eave of Home Zhang Yun tall. Talk things over without if really, zhang Yun passes through with what Li Fang builds a building to affect his, influence building for ventilated, daylighting, request court is sentenced make demolish Li Fang place to build a garage. Adjudge: Influence neighbour is current, "Garage " in wanting to demolish careful of   front courtyard, what Li Fang says the garage is occupied is the moorland of the village, do not have what improper. Classics of court of Zhengzhou high new developed area is investigated, what discovery plum just builds a garage and did not deal with examine and approve formalities, and use card without collective land, the department violates a building; Through investigation, the brim after old house of the brim after discovering building of the accused garage and accuser is the same as basically tall, apart 1.33 meters, the daylighting that affected accuser really, ventilated and current. According to of court of new and high district " civil code general rule " the 83rd, " matter right law " the 84th, make a court decision 89 times, li Fang of the accused of order sb to do sth within a certain time after adjudicative become effective inside 10 days, demolish illegal bicycle garage by oneself. Sound: " matter right law " should replace " civil code general rule "   as we have learned, " law of right of matter of People's Republic of China " began to apply since October 1 last year oneself, but Chengdu of Changsha of Beijing, Hunan, Sichuan... each district masses is taken in succession " matter right law " thought fors the time being. "Previously " civil code general rule " , " property regulation " although have a regulation to pertinent question,wait for legal laws and regulations, but messier, some regulations are owed clear, bring about a judge to sentence derivation can undertake according to civil code theory only when the case, now " matter right law " carry out let a judge be in law is applicable on the problem more accurate. " Guo Wen politics says judge of court of new and high district, special in give priority to with the legal issue that produces around the building, each respect such as the protection that involves matter right, droit and right of the matter that use profit, " matter right law " more comprehensive and effective.
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