Studies On Several Issues Of Our Easement System

Easement is one of the ancient usufructuary rights which has increased the efficiency of the land. That is the reason why it is accepted and exerted by many countries. Property Law of the P.R.C. definitely prescribes the easement system. The first stipulation of easement system provides timely helps nowadays when there are less and less lands and the relationships of using land are more and more complicated. However, since it is the first time that the easement system is prescribed in the Property Law of P.R.C., it is hard to avoid that the stipulations are lack of good and specific considerations. Using others' production of study, this dissertation studies and analyzes the easement system of other countries, and studies several issues of the easement system in our country using the method of comparative analysis, hoping to be helpful for the practical exercise of the easement. This dissertation consists of four parts:The first part of the thesis analyzes the legal theory of the easement. It gives an introduction of the concept and characters of easement, comments on the concept in the Property Law of our country, and simply introduces the usufructuary rights system of China in which the easement system is prescribed. The second part of the dissertation studies the subjects and objects of easement. After discussion and analysis on whether some kinds of the holders of usufructuary rights of land and the tenant of the land can be the subjects of easement, and whether the buildings can be the objects of the easement, the dissertation gets an affirmative conclusion.The third part studies the force of easement. It introduces the rights and obligations of the holders of servient tenements and the dominant tenements. It not only gives specific explanations on the relevant stipulations in the Property Law of our country, but also specifies the unstipulated rights and obligations to avoid disputes in practice.The fourth part introduces the causes of acquisition and elimination of easement. The relevant stipulations in our Property Law are too simplified which may cause difficulties in confirmation of the existence of easement and lead the disputes. This part introduces and analyzes the causes of acquisition and elimination of easement stipulated in our Property Law as well as in the laws of other countries to guide the later easement legislation of our country.