Research Of The Servitude System

The Servitude is a traditional type of the usufructuary right。It originated Roman law and was been accepted by the civil law and the common law. Although it has been neglected for a long time, it glows well in nowadays. It plays an important role in the Security law of real estate for its inclusive of the right, and brings a function into play. As the important means of cooperate the use of the Security law of real estate, The PRC property law ruled the Servitude system in order to cover the shortages of the Adjacent right. This paper adopts some analysis methods such as legal principle, history inspecting and comparative analysis to study the Servitude system systematically and deeply. Besides, the paper points the successes and shortages in the Servitude legislation connecting our national condition and put forward author's opinions on the base of current legislation situation.The thesis analysis basic theories about the Servitude Firstly, it expounds the concept and characters, and introduces the classification; it expounds the value and function titled the connotation of the Servitude; it draws and compares two legislation modes as the Servitude and the Adjacent right avoiding confound.Then, the thesis inspects the legislations about the Servitude in other countries , introduces that the Servitude system originated Roman law and been deeply reflected by it; it inspects and compares the Servitude system in the civil law and the common law; it expounds the development of the Servitude system in the present age. at the end, It put forwards some opinions about perfecting the Servitude system in our country. it analysis the current legislation situation on the Servitude and points many successes in the legislation modes of the Servitude, the thesis discusses the shortages of the Servitude system in our country and put forward proposals accordingly.