Recently, lawsuits on prospect right is on the increase gradually, but judgements on this are not sure. So to speak, some judgements admit prospect right, others are not. For this reason, it is estimated that judgements on prospect right don’t have stability. But, these tendency is due to insufficiency of studies on theory and legal ground of prospect right. So, this article was promoted to offer legal ground and to develope legal theory on prospect right. The quarrels on prospect infringement caused reduction of business or property interests, and remedies for these are request for prohibition and compensation. In this article, Civil Act §217 and §750 was proposed as ground of these remedies. §217 is an article for prohibition of disturbance against adjoining land by soot, et. Following this article, the owner of land has a duty to take appropriate measures so that soot, heat gas, liquid, sound, vibration, and the like may not harm or disturb the neighbor’s living or use of the adjoining land. Then prospect infringement is included ‘the like’, the injured can claim for removal or prevention of disturbance. If infringing owner of land didn’t make nonfulfilment removal or prevention of disturbance obligation, infringed owner could claim compensation for damages §750.

Recently, lawsuits on prospect right is on the increase gradually, but judgements on this are not sure. So to speak, some judgements admit prospect right, others are not. For this reason, it is estimated that judgements on prospect right don’t have stability. But, these tendency is due to insufficiency of studies on theory and legal ground of prospect right. So, this article was promoted to offer legal ground and to develope legal theory on prospect right. The quarrels on prospect infringement caused reduction of business or property interests, and remedies for these are request for prohibition and compensation. In this article, Civil Act §217 and §750 was proposed as ground of these remedies. §217 is an article for prohibition of disturbance against adjoining land by soot, et. Following this article, the owner of land has a duty to take appropriate measures so that soot, heat gas, liquid, sound, vibration, and the like may not harm or disturb the neighbor’s living or use of the adjoining land. Then prospect infringement is included ‘the like’, the injured can claim for removal or prevention of disturbance. If infringing owner of land didn’t make nonfulfilment removal or prevention of disturbance obligation, infringed owner could claim compensation for damages §750.

Right of Light, Prospect Right, Civil Act Article 217