The system aims to regulate the conflict of interests between the rights of adjacent real estate, to clarify that one party provides certain convenience to the other party, and to tolerate the obstacles caused by providing convenience.
The number of owners and the proportion of the area of the exclusive part have reached 6 / 7, which is in line with the aforesaid legal voting ratio.
Lao Cao will continue to adhere to the concept of “being honest, practicing in good faith, and running the office in good faith”, with the mission of “upholding justice, safeguarding rights and protecting the law”, with a high sense of political responsibility and mission, good organizational ability and decision-making ability, deep legal foundation and rich professional knowledge, the pioneering and innovative spirit of daring to explore and advancing with the times, and the work style of diligence, dedication and excellence, To realize the ideal goal of life – to maintain social fairness and justice and the dignity of law..
Article 288 of the Civil Code stipulates that the neighboring obligee of a real estate shall correctly handle the neighboring relationship in accordance with the principles of favorable production, convenient life, solidarity and mutual assistance, and fairness and reasonableness.
And registered 35 kinds of trademarks, 45 kinds of trademarks and 45 kinds of trademarks of “Lao Cao said”.
Source: China law popularization click on the picture below to learn more, Free legal consultation: introduction to Lao Cao Shuo’s statement: Cao Fulei is a graduate student of China University of political science and law, majoring in civil and commercial law.
The lowest floor is the overhead floor, and there is no elevator.
In October 2021, Yueyang Municipal government issued relevant documents to comprehensively promote the installation of elevators in the existing residential buildings.
As for the plaintiff’s claim for compensation of 9300 yuan for economic losses caused by work stoppage, it was not supported because no relevant evidence of losses was submitted.
The judge reminded that the essence of adjacent relationship is the extension or restriction of the content of real estate rights.
Finally, the court ruled that the defendant immediately removed the nuisance and did not affect the elevator installation project.
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In case of conflict of interests, the parties shall make a judgment according to the principle of “the lesser of the two evils” through negotiation and weighing the interests of all parties.
Under the condition that the decision to install elevators complies with the rules of procedure and legal procedures, some owners obstruct according to their own building ownership, which violates the provisions of the civil code on the ownership of owners’ buildings, and also does not comply with the principle of adjacency in the civil code.
Therefore, the voting is legal and effective.
It is extremely inconvenient for daily travel.
It is reasonable and justified for the plaintiff and other owners to request the addition of elevators to facilitate travel and improve the living quality.
The installation of elevators in the old community was originally intended to facilitate daily travel, but was strongly opposed by the residents on the first floor, which hindered the elevator construction on site.
The court decided that the addition of elevators to the house involved in the case belongs to the matters specified in Item (8) of article 278 of the civil code, which shall be jointly decided by the owners, and shall be approved by the owners who participated in the voting of more than three quarters of the area of the exclusive part and more than three quarters of the owners who participated in the voting.
However, Huang, Liao and their family members obstructed the construction at the site, and the excavators who had already arrived had to stop work.
Since graduating from the law major in 2010, he has acted as an agent for hundreds of cases, specializing in enterprise legal counsel and civil and commercial cases, as well as intellectual property trademark agency, copyright application and patent case agency.
The residential area involved in the case has not been installed with elevators before, and the residents on the second floor and above are inconvenient to travel, especially for the elderly or those with inconvenient legs and feet.
After the voting, the plaintiff and other owners handled the approval and filing procedures for the construction of additional elevators in accordance with the law, and the procedures for adding elevators were legal.
The residents of the unit decided to install elevators, but this was strongly opposed by the first floor residents Huang and Liao, who believed that the installation of elevators would have adverse effects on their houses.
If the installation of elevators does have adverse effects on the ventilation, sunshine, daylighting, value devaluation and other aspects of the defendant’s house, the defendant may negotiate separately on compensation or compensation or solve it through legal channels, but shall not continue to obstruct the installation of elevators for this reason.
There are 14 owners in the unit building with elevators in this project.
On March 18, 2022, the construction of the elevator installation project began.
Can the installation of elevators be carried out successfully? Please look at the case! Case review: the unit building of an old community in Yueyanglou District of Yueyang City has 7 floors and 14 households.
He is a member of the Chinese people’s Political Consultative Conference in Guancheng Hui District, Zhengzhou City, a human resources lawyer.
Lao Cao Shuo, the founder of the statement, a national second-class psychological consultant, the founder of the dezhiying legal (intellectual property) service group, the leader of the dezhiying love Public Welfare Alliance, the general manager of Henan Youkang Pharmaceutical Technology Co., Ltd Director of legal affairs: Henan dezhiying Legal Service Group Co., Ltd., dezhiying (Beijing) Enterprise Management Co., Ltd., Henan dezhiying Intellectual Property Agency Co., Ltd., Henan Lushu Legal Service Co., Ltd., Henan dezhiying Cultural Communication Co., Ltd., Chinese Culture Committee of China Council for the promotion of international culture of Liu’s Association of Henan Province, and other legal advisers of many enterprises, serving as members of the Political Consultative Conference of the Hui ethnic group in Guancheng District of Zhengzhou City Henan youth creation Branch Committee of the Communist Youth League, senior tutor of legal system propaganda of Henan think tank Culture Research Institute, and member of Youkang science and technology trade union.
And on October 21, 2016, he registered the wechat official account of Lao Cao’s statement, which never stopped every day.
The defendant and his family members living on the first floor shall properly handle the neighboring relationship and shall not obstruct the installation of elevators organized by the plaintiff and other owners.
Reluctantly, the owners of the 2nd to 7th floors sued the court.
