What does it mean to exclude obstruction, and what does it mean to exclude obstruction

It means to eliminate, to get rid of.

Elimination of obstacles, the elimination method is a method of choosing the way in people's daily life, work, and homework.

A method of eliminating false propositions about the existence of things based on the judgment of analogy and feasibility.

The meaning of removing obstruction refers to the measures taken by the right holder to request the wrongdoer or to exclude or request the people's court to compel the exclusion when the exercise of his or her rights is unlawfully hindered or obstructed, so as to ensure the normal exercise of the right.

The removal of impediments applies both in cases of infringement of property rights and in cases of infringement of personal rights.

Article 134 of the General Principles of the Civil Law of the People's Republic of China lists it as one of the ways to bear civil liability. After the right holder submits the request, the obstruction to the exercise of the victim's rights shall be immediately removed, regardless of whether the infringer is intentional or negligent.

If the infringer himself does not rule it out, the victim may file a lawsuit with the people's court to remove the obstruction, which is not subject to the statute of limitations.

The constituent elements for the exclusion of liability for obstruction are as follows:

First, there is a state of obstruction of the civil rights and interests of others.

The main constituent element of the removal of obstruction is the existence of a state of obstruction to the exercise of civil rights or the enjoyment of civil rights and interests by others. The main constituent elements of cessation of infringement differ in that one is dynamic and the other is static.

The obstruction state is mostly caused by behavior, for example, stacking affects traffic; Illegal buildings obstruct the ventilation and lighting of adjacent parties; setting up advertisements on other people's buildings; leaking harmful liquids on land used by others, etc. Obstruction can also occur due to natural causes, such as tree roots spreading to adjacent land.

Second, the obstruction state is unjustifiable.

The unjustification of the obstruction state means that there is no legal basis, no contractual agreement, and lack of reasonableness.

Some obstructions also cause damage to other people's property, for example, during the construction process, the tower crane falls due to overload, destroys the house of others, and blocks the passage (the removal of obstruction is an independent form of liability and does not directly involve the liability for compensation for losses caused by the obstruction at the same time); Some of the obstructions are inconvenient to others.

The determination of the state of obstruction is mainly to see whether the obstruction exceeds a reasonable limit, and a slight obstruction is unavoidable in social life, and the responsibility for removing the obstruction is not borne.

Whether the state of obstruction exceeds a reasonable limit should be judged in light of the general perception of the local people at the time.

Disputes over the exclusion of nuisance refer to disputes arising from the actual interference of property rights by others for the purpose of eliminating such nuisance. The right to claim for exclusion of nuisance is the right of the owner of the real right to request the removal of the nuisance and restore his real right to a satisfactory state when the enjoyment and exercise of the real right are infringed by means other than possession.

Civil Code of the People's Republic of China

The two hundred and third ridges are set on sixteen lines.

Where the real right is obstructed or may be obstructed, the right holder may request that the obstruction be removed or the danger eliminated.

Civil Code of the People's Republic of China

Article 239.

This chapter stipulates that the protection of Xian Zheng's property rights may be applied separately or in combination according to the circumstances of the infringement of rights.

Legal Analysis: The main difference between the removal of obstruction and the removal of nuisance is that nuisance refers to those that have adverse consequences, while obstruction does not.

1. Removal of obstruction means that if it obstructs others from exercising their civil rights or enjoying civil rights and interests, the infringed party has the right to request the infringer to remove the obstruction. 2. The elimination of nuisance is an important right in the life of citizens and is protected by law. Obstruction refers to the infringement or obstruction of the right holder's property or property rights by illegal or improper acts, or facilities that are not authorized to be imposed, and realistically hinder the right holder of a specific thing from exercising its rights.

Legal basis: Civil Code of the People's Republic of China

Article 462:Where the immovable or movable property in possession is encroached upon, the person in possession has the right to request the return of the original property; For acts that impede possession, the possessor has the right to request that the nuisance be removed or the danger eliminated; Where damage is caused by encroachment or obstruction, the person in possession has the right to claim compensation for damages in accordance with law. If the possessor's right to claim the return of the original thing is not exercised within one year from the date of the misappropriation, the right to claim shall be extinguished.

Article 236:Where a real right is obstructed or might be obstructed, the right holder may request that the obstruction be removed or the danger eliminated.

Specifically, the exclusion of obstruction refers to the obstruction of others from exercising civil rights or enjoying civil rights and interests, and the infringed party has the right to request the infringer to remove the obstruction, but the purpose of the request for exclusion of obstruction is to eliminate the obstacle or infringement of the manuscript of the property right and restore the property right to a satisfactory state.

Legal basis: Article 1167 of the Civil Code of the People's Republic of China: Where the tortious act endangers the safety of the person or property of others, the infringed party has the right to request the infringer to bear tort liabilities such as stopping the infringement, removing obstructions, and eliminating dangers.