The Study Of Liability For Easement Tort

No matter in civil law system or Anglo-American law system, easement has been concerned as exceedingly important right. It dates from Ancient Rome legal system, and then it makes contribution to increase the value of land utilization and express the function of land in maximum limit. In contemporary society with rapid economic develop speed, in order to satisfy the efficiency requirement of land utilization, the core of modern civil law has been already changed from ownership to the right to use. As one of the significant rights system among usufruct right, the significance of easement can be seen obviously. After the explanation of easement system, the observation and analysis will be given according to the development of easement in the future. In addition, the forms of liability for tort and remedy approach will be illustrated.There are three sections in the main body:First section is the summary of easement system. It will introduce the origin and development of this system. And then the relevant conceptions, attributes, development and the system establishment in China will be explained. This is the foundation of further study in this area, although it is not the emphasis of this article. Therefore, it will be explained in detail.The second section summarizes the approach of remedy and liability for easement tort. It has been recognized that the rights cannot achieve without remedy. The main issues which will be discussed are as following:the features of liability for tort, the relationship between liability for breach of contract and tort, concurrence between these two kinds of liability and the rules for solving concurrence.The last section focuses on the liability for easement tort. This part is the foothold of this article which includes the components and forms of responsibility for easement tort, methods of easement tort liability and even the personal thinking of Tort Law.