Studies On Several Issues About Easement System

Easement system is one of right which is generally acknowledged in the continental legal system. Also, it is one of system which is used in a wide scope within the Usufructs on real estate system. The civil code in China which is being discussed by the commit set the rules of Easement system in it. So, it is essential for us to study such a system. The article analyzes the Easement system from three aspects. Firstly, the author introduced the necessary for China to establish the Easement system. Also, there are three sections during the first chapter. In the section one, during the rules of traditional civil law, it is necessary for the Easement system to be existed in it. The Easement system originated from the early age of Roma. With the development of city, the contents of Easement system are also expanded. Such right in Roma is divided into two types. One of them is Easement system that the following article will explain. The Easement system is inherited by great many of countries in continent. There are two characters in the Easement system .For one hand, the contents of the Easement system full of uncertain. Such character brings graceful live to people who want to set up or carry out it. The part can make best use of Real estate and has a good enjoy in the course of set up the Easement system. For another hand, the scope of right ends in the demands of the land which needs to make use of another land. The early age of Roma regards Easement system as the relation between two materials. Although it is wrong and funny in the eyes of modern scholars of law, it is directly reflection in the head of Roma. In the trend of decline of ownership, we can result in the fact that the ownership is to be more and more restricted to protect the profit of the neighbor and the function of modern Easement system. Under the precise of the rules of real estate restricted by law, the self-government Easement system should play a more important role in the real estate system. There is another aim to avoid so superior of ownership that hampers the use of right. Such is called the theory of ownership socialized. In the section two, considering the system of usufructs on real estate, the Easement system should be established in the real estate system. The current usufructs on real estate system established by the civil law are set up by the civil code and other explanation by the commit of law. At present, the Easement system is ruled by the adjacent relation in the current legislation. But adjacent relation is the least demand of adjacent real estate .As soon as out of the range and degree of adjacent relation, the adjacent relation system has nothing to do with it. In the current China with fast development, the new style of making use of real estate takes on a new look. The Easement system can conclude in many kinds of contents in accordance with the will of party, remedy the deficiency of the right of estate restricted by the law. In the section three, as a socialism country, there are also current necessary to establish the Easement system. The land belongs to the country. The ownership of land mainly exists as a right of value. It is quite important to set up the Easement system for the party who has the right on the other land and the party who negotiate a contract with the ownership of land to make use of the land in the village. Without amicable civil system of the estate of land,the civil relationship of the land will not go well. Secondly, after introducing the importance of establishing the Easement system in China, the registration and change of the Easement system will be analyzed. The article introduces such contents from two aspects. In the section one, the registration of the Easement system are given in this part. The content of Easement registration is defined. From the scholars in province of Taiwan to mainland, till various civil code in different countries, the author draw a conclusion that the contents of the Easement system can not find in any civil code, but several type of Easement system can be got. After defining the contents of registration of Easement system, the author analyses the effect of registration of Easement system. The registration of real estate also is made up by two parts. One is called the theory of essential registration, while another is the theory of apparent registration. What is called essential registration means that the effect of change of Real estate will not take out without registration .While on the contrary, the change of Real estate will effect without registration. The difference between that is the effect of latter will not protect the part to the third part. But, as an especial Real estate, the Easement system full of self government. So the theory of apparent registration is suit of Easement system. Final, in the view of the author, the registration of Easement system should take the form of apparent registration. The action of registration has two effects that justified the right and inform others. At last in this section, the governments of registration are the next point. To avoid the confliction among the government of registration, the union one should be set up.