| Summary: | 碩士 === 東吳大學 === 法律學系 === 106 === The purpose of this study was to compare adjacent relation of real property between Taiwan and Japan. This was followed by description of the difference in legislative evolution, comparison of theories and adjudication, suggestion for adjacent relation of real property in Taiwan civil code based on theories and adjudications in Japan.
The first section introduced the researching motivation, purpose, method and the anticipated goal of this study. The second section defined the nature with the comparison of theories between Taiwan and Japan, the effect of prohibition of abuse of rights was also focused in this section. The third section sorted out legislative evolution in civil code of Taiwan and Japan. The forth focused on the controversies in way for neighbor, boundary encroachment and the issue of right to light. In the controversy in way for neighbor, the main issues were successor of tolerate obligation and the deficiency of publicity method. In the controversy in boundary encroachment, the necessity of subjective element demanded in Taiwan civil code was questioned in this study. This study also focused on the issue of right to light which has been debated in Japan for decades. This study showed the opinion that right to light will also be an important issue in Taiwan in the near future considering a new building code will be put into practice. Therefore, this study also focused on the introduction of theories and adjudications regarding right to light in Japan. Finally, the fifth section made an integration for above sections and suggestion was also given for the adjacent relation of real property Taiwan civil code.
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