The purpose of this research is to define the concept of Benefit of View. Benefit of View is the avail to be able to see the agreeable and pleasant scenery. View means prospect.
it is not clear that our law system recognize Benefit of View as a rig...
The purpose of this research is to define the concept of Benefit of View. Benefit of View is the avail to be able to see the agreeable and pleasant scenery. View means prospect.
it is not clear that our law system recognize Benefit of View as a right. but many scholars recognize Benefit of View as a right. some recognize Benefit of View as a real right, other think it is based on personal rights, human rights.
other treat it as a environmental rights. but case law do not regard it as a right, it is just the fact we must scrutinize Benefit of View satisfy the required conditions. prospect profit is not a right because it is flux, not universality.
a right is based on need, good, duty, claim, rules, title, and so on. the need that rules make Benefit of View a right is not sufficient
According research’s result, the value of Benefit of View is below 5% of whole value. but we need more investigation other cases.