Studies On The System Of Servitude

Servitude's meaning in law is the right of using other people's thing for convenience and interests of special man or special land, which including easement and personal servitude. With the developing of modern society, each country's civil code gives a new vitality to the old system of servitude under the foundation of inheriting Roman law's relevant regulations. Servitude has its own superiority that is beneficial to make full use of things, not only reflects modern value of usufructuary right, but also provides a starting-point about opposite thinking for our country's improving easement on the state-ownership system of land and leading into personal servitude on the legal system of the market economy. In this graduation thesis, by comparing domestic easement with external easement and combining our country's actual situation of state-ownership system of land, I provide legislative suggestions to improve our country's easement. In the course of constituting our country's personal servitude, we should use the experience of other countries' personal servitude of usufruct and right of dwelling, in order to enriching and consummating our country's types of usufructuary right. New century's Chinese Civil Code needs perfect legal systems. In accordance with civil law country's tradition, we should recognize that establishing and consummating servitude's system accord with our country's actual situation is important for socialist market economy.