明清时期田宅相邻关系研究

在明清时期,虽然国家法律没有规定田宅相邻关系如何调整,但是,地方官充分发挥主观能动性,依据情理对此类纠纷作出判决。这些判决所体现的处理纠纷的原则、理念竟然与当代物权法不谋而合,可见情理与法律制定的理念是相通的。

On Adjacent Relations to Real Estate in Ming and Qing Dynasties

In Ming and Qing Dynasties,though there were no stipulations of the state law on how to adjust adjacent relations to real estate,local officials gave a full play of their initiatives is solving disputes based on emotion and morality.It is worthy to note that principles and ideas evolved from these decisions coincide with the contemporary property law,for common emotions and legislative ideas are compatible.