Perplexity On Servitude Under Legalization Of Real Right

Servitude is burden,which is set up in servile tenement for estate being called dominant tenement,There doesn't exist servitude without the "dominant tenement" and "servile tenement".Therefore,servitude is the right,which regulates relationship of usage between dominant tenement and servile tenement.Estate is fundamental life and productive material in modem society,but servitude appears decline in the system of civil law. The phenomenon is more obvious.Consequently,how to effectively activate function of servitude takes on important value.Legalization of real right includes legalization of categories and content.Enforcement on category of real right is emphasized in the law of Germany,but content of real right isn't.Although content of servitude possesses conventional attribute by contract,civil codes of many countries such as Germany regulate fundamental styles of servitude in the abstract.Whereas,law about real right in oriental society emphasizes legalization of category and content about real right,but styles of servitude are regulated hardly, contents of servitude are freely appointed by contract between parties,even scope of servitude can change along with change of factual relation in servile tenement or dominant tenement.In addition,servitude,which isn't registered,doesn't possess potency against every one,passive servitude is almost homology compare to creditor's rights,these cause difficult to set our minds on servitude being real right.Servitude is real right from the history,it has efficacy of dominant and elimination.Therefore,servitude is usufructuary right in essence,purpose of servitude lies in realizing simultaneous existence and harmony on the same estate among the different parties.Relationship isn't obvious between servitude and adjacent right in Roman law.For the difference in modern countries way and extent of inhering Roman law,there are three modes to dispose relationship between servitude and adjacent right in continental law system.The first mode is servitude including adjacent right.The second is respective regulation concerning servitude and adjacent right.The third is adjacent right including servitude.There are many differences,which leads to reasonable divided work in modulating relationship on estate between servitude and adjacent right,we can take one against another.But there exists coincide in function between servitude and adjacent right,the former can amend the later in some way,and conjunction in their special styles,they maybe concur,perhaps reverse,even servitude makeup shortage of adjacent right. We should concretely analyze which provide can be excluded by party's contract in our country law concerning real right.Legalization of real fight requires stylization of servitude,confinement of notional thinking-way also requires stylization.Servitude is assembles of real right,which possess character as burden on servile tenement leeching on to dominant tenement.It is wide and uncertain to cryptically systematical information.Therefore,we can recognize servitude more clearly by thinking-way of stylization.Building of system on servitude, principle of legalization about real right,and decrease of bargain cost require stylization of servitude,stylization is helpful to protect servitude and prevent disadvantage of excessive abstraction.However,complexity of style,choice of stylizing standard and existence of compound style enhance difficult of stylization.There are different standard of stylization and categories in different countries,law of real right doesn't prescript stylization of servitude,which should be perfected.There are two standards of stylization,one is object,the other is content of right.We should use notion of estate servitude from object,which not only includes servitude between land,land and house,house and land,but also includes servitude between maritime space and land,maritime space and building in the sea, maritime space,building in the sea and maritime space,building in the sea and land,and so on.Servitude can be divided into servitude concerning water,traffic,obtain,landscape,building,and so on.as regard,Public servitude belongs to servitude in public law,which is different to servitude in civil law.Legalization of real right requires register of servitude,which has ability to register.General speaking about every country regulation,there are three regulations.The first requires register in the register of dominant tenement,the second requires register in the register of servile tenement, the third requires register in the register of servile tenement and dominant. The author agrees to the third.Free appointment of content and no-stylization about servitude require recording "purpose and scope of servitude" when we register servitude.Stylization is convenience to register of servitude.Of course,when no-stylization of servitude needs register,we should continue regulation of traditional civil law.No-register of servitude can't confront well-meaning third party.Some servitude,which can be behaved externally,even though doesn't register,external exhibition is the evidence to regard third party as ill intentions...