Easement System

Easement, as the oldest real right, issues from Roman law. Due to its unique right structure which grows out of special history backgrounds, it is followed by civil laws of the subsequent continental law system. Compared with the fixing of real right legalization principle, autonomy of the will and compatibility of easement plays a smooth and active role in adjusting the utilization relationship of real estates. The unique value of easement is in line with the legal economic benefit principle and the society standard principle. Easement can suit the development of society and keep vitality continuously.Along with the issue of Real Right Law of the People's Republic of China in 2007, easement has a position in the real right system of China. Easement will play a needful role in China's economic construction. However, it is still new to China's academic and practice circles currently. It is very necessary to research easement deeply, so that it can direct the practice. Under the above backgrounds, this paper use historical, comparative and nomological methods to systematically research the history and development of easement, the nomological fundamental issues of easement, the inscapes of easement legal relationship, the occurrence and elimination of easement legal relationship. On the basis of reviewing and evaluating the easement legislation course of China, this paper also presents the thinking to some issues of the easement practice of China.This paper consists of preface, text and epilogue. The preface discourses easement and China's easement legislation in general, extracts the intention of this paper and introduces the research methods and structure of this paper briefly. The text falls into four chapter:The First Chapter: Source and Development of Easement. This Chapter discourses source of easement in Roman law, inherit and development to easement in continental law system, easement in Anglo-American law system and deference of easement between the two law systems and among inter continental law system.The Second Chapter: Nomological Analysis to Easement. This chapter discourses concept and classification of easement, relationship between easement and adjacent relation and property and value of easement, and presents the value orientations of easement and adjacent relation are complemental.The Third Chapter: Analysis to Easement Legal Relationship. This chapter discourses subject, object and content of easement legal relationship, occurrence and elimination of easement legal relationship.The Fourth Chapter: Easement Legislations and Thinking to Some Practice Issues of China. This chapter reviews and evaluates the easement legislation course of China and presents thinking to some issues of the easement practice of China.The epilogue reiterates the unique value of easement and the great significance of China's easement legislations, and summarizes for the whole paper.