Law And Economic Analysis Of View Servitude

Along with the development of society, the shortage of real estate resources is becoming more and more evident day by day. However, people demand higher and higher living conditions in recent years. As a result, the function of the right of view is becoming more and more important in the society. The right of view includes the right of view prohibition and view servitude. The right of view prohibition plays an important role in protecting the individual right of privacy. And view servitude can not only improve the efficiency of the use of real estate but also protect the environment. As an important servitude, view servitude has the legal attributes of servitude. Servitude is provided in Property Law of the People's Republic of China put in force not a long time ago. The servitude in China is still a new real right,and the servitude system needs to be improved. Thus the author analyses and discusses the legal issues of view servitude according to the provisions of servitude in Property Law of the People's Republic of China. Based on the specific case and with the help of Coase Theorem, the author also tries to research on view servitude from the point of view of law and economics. Property Law of the People's Republic of China provides neighbouring relationship and servitude,but the provisions still exist shortcomings. Therefore, in allusion to the problems of protecting the right of view, it is of great significance to propose some feasible solutions.This paper is divided into three parts, namely preface, main text and conclusion.In the preface, the anthor mainly introduces the practical need of the research of the right of view.In Chapter One, by analysing the choice of models of utilizing adjacent real estate, the author discusses the choice of models for regulating the right of view in China according to the provisions of Property Law of the People's Republic of China.In Chapter Two, the author particularly analyzes the function, the legal attributes, the affiliated sorts of servitude and the subjects of legal relationship of view servitude.In Chapter Three, with a deep research of the models of real right alteration in main countries in the world, the author analyzes the advantages and disadvantages of different models of real right alteration, expounds the models of real right alteration choosed by Property Law of the People's Republic of China and analyzes the limitations of the choice of the models of real right alteration of view servitude.In Chapter Four, starting with the specific case and by using Coase Theorem, the author studies the allocation of resource of view servitude from the point of view of law and economics. When there are transaction costs, the author analyzes the importance of the initial enactment of the view servitude and how to enact the right initially.In Chapter Five, based on the legal provisions of General Principles of the Civil Law and Property Law of the People's Republic of China, the author discusses the principles of legal relief of the right of view.In the conclusion, the author puts forward some suggestions for improving the legal system of the right of view.