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Obligation of Tolerance in Imponderable Substance Discharge Relationship
Pages: 51-57
Year: Issue:  4
Journal: Journal of Yangzhou University(Humanities and Social Sciences Edition)

Keyword:  imponderable substanceobligation of tolerancelimit;
Abstract: Although obligation of tolerance is not legally regulated in China,it has been applied in some judicial decisions resolving disputes over imponderable substance emission.Many civil law system countries lay clear provisions on obligation of tolerance in the adjacent section of their civil code.Such practice is drawn upon by some Chinese scholars drafting civil code.In judicial practice,the basic standard in applying obligation of tolerance is " minor nuisance," which is measured mainly according to " standards or requirements regulated by public law." In some cases,such standards might be modified by some other factors such as social utility.
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