The adjacent party shall exercise the rights and not damage the legitimate rights and interests of the other party

Recently, the Panzhou People's Court of the People's Court of Panzhou City used the socialist core values ​​to explain the method of interpretation in the trial of property protection disputes. After the judgment, both parties served the judgment and achieved good legal effects and social effects.

The plaintiff Zhou Moumou and the defendant Li Moumou were in the housing housing upstairs of Longxiang Washington Community in Longxiang Washington District, Panzhou City, because the plaintiff Zhou Moumou's master bedroom and the ceiling of the living room balcony appeared to cause some objects to be damaged. The plaintiff It was considered to be caused by the leakage in the defendant Li Moumou upstairs. In addition, the defendant Li Moumou installed his air -conditioning machine on the bay window of the plaintiff's house, which caused noise pollution, which caused inconvenience to the plaintiff's life. The negotiations failed, so they appealed to the court. The defendant believes that the air -conditioning machine installed in accordance with the architectural design specifications. The location of the installation air conditioner is the public area of ​​the original defendant's residential building. This location does not belong to the property rights of the house purchased by the plaintiff. The aggression on the plaintiff; second, the defendant did not install a water pipe in the living room and balcony of the house, and there was no problem of leakage affecting the corresponding location of the plaintiff's house. The plaintiff did not provide relevant evidence to confirm that the water seepage of the house was caused by the defendant's house leakage.

Considering the neighborhood relationship between the two parties, there have been many disputes in this matter. During the trial process, the two parties organized mediation in the process of trial. The defendant Li Moumou was demolished within 15 days after this judgment took effect and was demolished and installed on the air conditioner on the top platform on the top platform of the owner bedroom of Longxiang Washington House in Yizi Street, Panzhou City; Second, it rejected other lawsuits from the plaintiff Zhou Moumou ask.

In the referee document, the undertaking judge mentioned that "the neighborhood relationship between the original defendant's community housing upstairs and downstairs, the two parties should properly handle adjacent relationships in accordance with the principles of favorable production, convenience of life, unity and mutual assistance, and fairness. The community atmosphere. When the neighboring party exercises its rights, it must not damage the legitimate rights and interests of the other party and make themselves in a superior position. Before the adjacent part is acting, we must try to avoid causing obstacles to the neighboring rights. It should be excluded. " In this case, although the judge did not support the plaintiff's claim that the plaintiff claimed to request the defendant's loss of losses in accordance with the facts, considering the impact of the defendant's behavior on the bay window of the plaintiff's house, and the social impact of similar cases Sex, the judge strengthened the defendant's infringement in the judgment. In the referee documents, the judge used the core values ​​of socialism to interpret the law, organically combined legal evaluation with moral evaluation, actively played the guiding role of socialist core values, continuously enhanced the legal identity of judicial referees, and allowed the people to effectively in judicial cases in judicial cases. Feel fairness and justice and show judicial temperature.

After the verdict, neither of the two sides appealed. Since then, a six -year neighborhood dispute has been effectively resolved.

(Text/Lu Tingyan)

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