On Status Of Servitude In Real Right Law Of China

In order to coordinate the theory system of Real Right law of China, this paper makes a comprehensive and profound study on status of servitude through historic and comparative approach.The author thinks that adjacent relation is not restriction or expansion of ownership and the legal servitude has very strong system advantage and practice value to contain adjacent relation owing to the same quality between servitude and adjacent relation.This paper expounds the main differences and developing tendency of modern servitude in two primary legal systems through comparative and historic approach. It is concluded that servitude is not belong to usufruct of immovable property in China. The thesis about usufruct of immovable property can not explain servitude.The author thinks that servitutes system containing servitude and servitutes personarum should be builded in Real Right law of China. Servitude is subsidiary to ownership and right of possession and different from the other usufruct of immovable property regulated in Real Right Law of China, both are not in the same arrangement of ideas.