Traditional Culture Encyclopedia - Weather inquiry - How to define the influence on neighbor lighting

How to define the influence on neighbor lighting

The standards that affect the lighting of neighbors are: cold weather ≥2 hours, winter solstice ≥ 1 hour. The standard of 2 hours sunshine in winter solstice for elderly residential buildings shall not be lower than this standard. Adding any facilities outside the original design building shall not reduce the original sunshine standard of adjacent houses. The sunshine standard of new residential buildings in old district reconstruction projects may be lowered as appropriate, but it shall not be lower than the sunshine standard of 1 hour in cold weather. When the neighbor closes the public corridor and affects the ventilation and lighting, the owner cannot forcibly remove it, otherwise the owner will bear the tort liability. However, the owner can take the following measures to safeguard his rights and interests: 1. They can negotiate with their neighbors and ask them to dismantle illegal buildings and restore them to their original state. 2. If negotiation fails, you can complain to the industry committee or the owners' meeting and ask your neighbors to dismantle the illegal buildings. If the problem has not been solved, you can bring a civil lawsuit to the court to safeguard your rights and interests. Usually, after the court hears the case, if it is believed that the neighbor has indeed violated the relevant rights and interests, it will ask the neighbor to restore the original state. If the neighbor refuses to dismantle it, the court will forcibly dismantle it according to law.

Infringement refers to the act of infringing on the rights or interests of others. Including general tort and special tort, the former refers to the behavior that the actor directly causes damage to others based on fault, so the general liability clause in civil law applies; The latter refers to the behavior that the actor is not at fault, but should bear the responsibility according to the special liability clause of the civil law or the special provisions of the civil law.

legal ground

People's Republic of China (PRC) Civil Code

Article 118 A civil subject enjoys creditor's rights according to law.

Creditor's right is the right of obligee to request a specific debtor to perform or not to perform an act based on contract, tort, negotiorum gestio, unjust enrichment and other provisions of the law. Article 119 A legally established contract is legally binding on the parties. Article 120 Where the civil rights and interests are infringed, the infringed has the right to request the infringer to bear the tort liability. Article 183 Where an infringer damages himself by defending the civil rights and interests of others, he shall bear civil liability and the beneficiary may give him appropriate compensation. If no infringer or infringer escapes or is unable to bear civil liability, and the victim requests compensation, the beneficiary shall give appropriate compensation. Article 186 If a party breaches the contract and damages the personal rights and property rights of the other party, the injured party has the right to choose to ask it to bear the liability for breach of contract or tort. Article 169 Whoever instigates or helps others to commit tort shall be jointly and severally liable with the perpetrator.

Whoever instigates or helps a person with no capacity for civil conduct or a person with limited capacity for civil conduct to commit tort shall bear tort liability; If the guardian of a person without civil capacity or with limited civil capacity fails to perform his guardianship duties, he shall bear corresponding responsibilities.