Research On The System Of Servitude In China

The central argumentation of this dissertation is:China should construct the servitude system.This dissertation discusses the way to construct the servitude system,explores the historic origin of the servitude system,analyzes the mechanism and value of the servitude system,attempts to comment on demerits of the existing system and finds out the improved measures.This paper is divided into seven chapters:Chapter 1 is the introduction.The reasons of the selection of the dissertation topic are traced back and the significance of it is analyzed.This chapter also combs and summarizes the studies of the modern development of the servitude system China and around world.In addition,the research ideas and the basic framework and the research methods are introduced as well.Chapter 2 discusses The second chapter discusses that the object of easement should be real property.This chapter reviews the basic situation of the easement system in our country,introduces its introduction,basic situation in China’s Taiwan region and the mainland.And on this basis,the article proposes that the object of easement should be real estate.Chapter 3 discusses the definition,structure and value of the servitude system.This chapter discusses what is the servitude system and the late development of the servitude system to the existing system.Compared with the existing system,the subject,the object and the content of the servitude system are different.This chapter also discusses the development of the value of the servitude system.Base on this research,the paper clarify the necessity of making the servitude legal system.The servitude system can improve the utilization efficiency of real estate resources,moderate numerus clausus,exempt tort liability,restrict free competition,and achieve the purpose of public law.By renewed this legal system,maybe the servitude system can play an important social value.Chapter 4 discusses the right change and protection of the servitude system.This chapter also combs the mechanism of the servitude system.When formulating relevant laws,the servitude system need diversified acquisition and cause of extinction.The breakthrough of the effect of restrictive covenants to the traditional easement law,is also worthy of attention and recognition.Chapter 5 discusses the quasi-servitude system.This chapter analyses the concept and the legal basis of the quasi-servitude system and the history of this system.Base on the research,we can find out that the quasi-servitude system make breakthrough of basic principles of civil law.Base on the research of the value of the quasi-servitude system and the relation of this system and other systems in civil law,we can find out special value of this system.Last,the relevant legislation and application are discussed.Chapter 6 discusses the status of the servitude system in China and puts forward the reasonable scheme of constructing the servitude system.Through the method of interpretative theory to explain the expansion of the object of the servitude,although to a certain extent to meet the needs of the judicial practice,relief the existing system and the reality of the tension,but it will cause the provisions of the servitude system in China’s are not unified,contradictory,and sub system.Moreover,the breakthrough of the traditional servitude,such as the quasi-servitude,can not be accommodated in the existing law.On the occasion of the compilation of the civil code in the future,we should stipulate the system of servitude in our country.It is necessary to systematic comb the relevant system,to set up a special kind of the servitude system,such as the quasi-servitude and to systematic construct the system of the servitude.Chapter 7 is the conclusion.This chapter summarizes the main conclusions of the full text,at the same time,this paper makes a prospect of the future research direction of this paper,and explains the possible contributions and shortcomings of this paper.