China Easement Study

The Servitude originated is an important system which is set up both on the Civil law of the Civil law system and the Property law of the Common-law system. the Servitude system can enhance the Land use value, and to exert the maximum Effectiveness of land. Using the method of the History research, the Comparative study and the Empirical analysis and so on, this article makes a thorough and systematic study to the Servitude system on the basis of the widespread and thoroughly concluding and the analysis of the theory study and the Legislative Practice of the Servitude system in the Civil law system and the Common-law system. At the same time, unifying the Chinese actual condition, it proposes the necessity to establish the Servitude system in the Security law, and it also makes the original and unique proposal to the Legislative structure and the Legislative content of the Servitude system.This main text of the article altogether composes four parts.The first part: essential theory of the Servitude system. This part briefly elaborates the developing process of the Servitude system, and has analyzed the unique Legal identity of the Servitude compared with the other Usufructuary rights. It also discusses the difference between the Servitude and the Adjacent relations, and proposes the new opinion: the Servitude has the function which cannot be substituted by the Adjacent relations, and has the unique and important applicable space. At the same time, it also analyzes the value of the Adjacent system enhancing the Require service land and the value orientation of the land utilization adjustment. Second part: the Legislative research to the various countries' Servitude system. This part conducts the comparison research...