不可量物侵害补偿制度适用问题探讨
发布时间：2019-01-04 10:33
【摘要】：正一、现实困境与追问:不可量物侵害补偿的制度障碍[案例1]A诉B环境卫生管理处公厕臭气污染、通风、采光纠纷一案。原告孟某诉称,被告B在A商品房后面仅1.3米处建造一处公厕,违反国家规定对公厕建筑与居民住宅之间距离不得低于50米的规定,公厕由于紧邻原告的商品房,不仅严重影响原告的通风、采光而且公厕发出的臭气严重影响原告的正常生活,为此,起诉请求排除妨碍。被告B辩称,该公厕是征询住宅小区的大部分业主的意见并取得建设许可证的前提下在原老厕基础上翻建而成,要拆除妨碍就必须拆除公厕,然而拆除公厕对小区的100多户家中没有厕所的业主带来不便,100多户业主不
[Abstract]:First, the realistic predicament and question: the system obstacle of immeasurable material infringement compensation [case 1] A v. B environmental health management office toilet stench pollution, ventilation, daylighting dispute case. Meng Mou, the plaintiff, claimed that defendant B built a public toilet just 1.3 meters behind the A commercial house, violating state regulations that the distance between the public toilet building and the residents' residence should not be less than 50 meters. The public toilet is next to the plaintiff's commercial house. Not only does it seriously affect the plaintiff's ventilation, lighting, but also the stench from the public toilet seriously affects the plaintiff's normal life. Defendant B argued that the public toilet had been rebuilt on the basis of the original old toilet in consultation with the majority of the owners of the residential area and obtained a construction permit, and that public toilets had to be removed in order to remove the obstructions. However, the demolition of public toilets has caused inconvenience to the owners of more than 100 households in the residential area who do not have toilets, and the owners of more than 100 households do not
【作者单位】： 江苏省新沂市人民法院;
【分类号】：D920.5
，
本文编号：2400161
[Abstract]:First, the realistic predicament and question: the system obstacle of immeasurable material infringement compensation [case 1] A v. B environmental health management office toilet stench pollution, ventilation, daylighting dispute case. Meng Mou, the plaintiff, claimed that defendant B built a public toilet just 1.3 meters behind the A commercial house, violating state regulations that the distance between the public toilet building and the residents' residence should not be less than 50 meters. The public toilet is next to the plaintiff's commercial house. Not only does it seriously affect the plaintiff's ventilation, lighting, but also the stench from the public toilet seriously affects the plaintiff's normal life. Defendant B argued that the public toilet had been rebuilt on the basis of the original old toilet in consultation with the majority of the owners of the residential area and obtained a construction permit, and that public toilets had to be removed in order to remove the obstructions. However, the demolition of public toilets has caused inconvenience to the owners of more than 100 households in the residential area who do not have toilets, and the owners of more than 100 households do not
【作者单位】： 江苏省新沂市人民法院;
【分类号】：D920.5
，
本文编号：2400161
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