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相邻关系是以相邻不动产为媒介而发生的社会关系和法律关系。相邻权是法定相邻关系的内容要素之一,它与相邻关系因各具独特的内涵而界限清晰。相邻关系与地役权也不是同一位阶的概念,学界所述二者的区别,实际上是德国分别立法模式下法定相邻权与意定地役权之区别。对于相邻关系的本质认识,法定地役权说、所有权扩张与限制说各持一端,均有不足之处,而采取所有权权能变更说较为妥当。
Adjacent relationship is the social relations and legal relationship that take place on the adjacent real estate. Neighboring right is one of the content elements of legal adjacency, which is clearly defined by its unique connotation. Neighbors and easements are not the same order concept, the difference between the two academics is actually the difference between the statutory neighboring rights in Germany and the statutory easement under the legislative mode. As to the essence of the adjacent relations, statutory easement claims that there are some shortcomings in the expansion and restriction of ownership, and that it is more appropriate to take the ownership of the right to change.