Easement System

Predial servitude,a traditional usufructuary right,comes from Roman Law and is now widely accepted by countries of Continental Law System.Servitude play an important role in the development of Roman.However,Chinese present Civil Law has no relating provision concerning the predial servitude .Now The LAW Relating to Rights over Things is on the way.Many people pay attention to establishing the predial servitude system.This paper just want to make some advice to The Draft of Real Right Law from view of the development of the prediral servitude.The whole paper consists of four parts:Paragraph one gives an introduction to the definition and characteristics of the predial servitude. The author investigates in the unique legal characteristic of servitude and points out that the servitude is subordinate; undivisibile and the content which can be agreed by the parties.from this basement,the author separates the predial servitude from the neighbouring right and the rights of superficies.Paragraph two ,the author discusses the reformation from the Ancient Roman servitude to the modern one.And also discusses the reason of the blooming of the servitude in modern society .Paragraph three discusses the changing of the servitude in the moden society .The legislation of servitude from concrete to abstract ; the expansion of subject of rights ; weaken the principle of"being beneficary to domidant tenement";the expansion of content.Paragraph four argues the necessity of servitude system to The Law Relating to The Rights over Things in China. How to establish our servitude system according to the need of our society and the developing of the servitude system,the author proposes some advice relating to The Draft of Real Right Law according to the new content of the servitude .