老旧小区加装电梯中的适用边界及判断机制

On the Boundaries and Judgment Mechanisms of the Tolerance Obligation in Elevator Installation for Old Residential Districts

摘要: 人口老龄化背景下，老旧小区加装电梯成为适老化改造的核心举措，但高层出行要求与低层采光、通风、安宁等相邻权益冲突频发。纠纷核心并非业主表决程序瑕疵，而是低层业主容忍义务的界定问题。容忍义务根植于所有权社会化理论，是调和不动产权权利冲突的民法工具，但该义务存在法定限度，不能无限扩张。结合《中华人民共和国民法典》相邻关系规范，应当构建合法性前置审查、实质损害层级判断、比例原则利益衡量的递进式判断规则，清晰划定容忍义务适用边界；同时完善事前协商、差异化补偿、统一司法审查三位一体的协调机制，在老年群体出行保障与低层业主物权保护之间实现动态利益平衡。

Abstract: Against the backdrop of population aging, elevator retrofitting in old residential buildings has emerged as a core measure for age-friendly renovation. Nevertheless, frequent conflicts arise between high-floor residents’ travel demands and low-floor owners’ adjacent rights to lighting, ventilation and residential tranquility. The crux of such disputes lies not in procedural defects of owners’ voting, but in the definition of low-floor owners’ tolerance obligation. Rooted in the theory of ownership socialization, the tolerance obligation serves as a civil law instrument to reconcile conflicts over real estate rights, yet such obligation is subject to statutory limits and shall not be extended without restraint. In light of the provisions governing adjacent relations under the Civil Code of the People’s Republic of China, a progressive judgment framework consisting of preliminary legality review, graded identification of substantive damage and proportional interest balancing ought to be established to clearly demarcate the applicable boundaries of the tolerance obligation. Meanwhile, a three-in-one coordination mechanism covering pre-negotiation, differentiated compensation and unified judicial review shall be refined to achieve a dynamic balance between safeguarding the elderly’s right to travel and protecting the real rights of low-floor owners.