On Easements Legislation And Applicable

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 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 three parts.The first part: essential theory of the Servitude system. This part briefly elaborates the developing process of the Servitude system, and researches the various countries' Servitude system. This part conducts the comparison research of the contents and the legal regulation of the Servitude system between the Civil law and the Common—Law system, and also discusses the common traits in the system contents of them.The second part: the Servitude system and the other correlative 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. Afterward analyzes the superiority of the Servitude and exclude the Adjacent relations' appliance.The third part: the law actuality and appliance of the China Servitude. This part primarily introduces the process of the China Servitude, then give the standard criterion separately with the law articles. Finally , pointed out the legislation oversight about the Servitude system in China Civil law and the protection of the relative rights on Servitude.