The Easement Contract Problem Research

Easement, as an important system of real right, after three thousand years of history still plays its unique role.The easement in the regulation of land use function, achieve turn material resources to good account, protection of property rights of the legitimate rights and interests which plays an important role.Due to perfect socialistic law system need,"the people’s Republic of China Property Law" since the1993start working, after the legislature eight review,2007formally promulgated. In our country, as a new type of usufructuary right, the easement in the implementation process, inevitable existence some questions.The easement contract, it is because the "property law" not conduct a detailed provisions, make in its subject, object, content and other aspects of controversial.In order to solve the easement contract in practical application process problems, realize the easement of value function, the need for the easement system of relevant form a complete set and measures to improve.Therefore, to deepen the easement contract research, discussion and easement related issues, both for the easement theory perfect, or for the easement property law practice, has a greater significance.The full text is divided into four parts:The first part of the basic theory of the easement contract. The article first analyzes the concept of land easement contract of that easement contract is refers to the servient tenement to people with the required labor to people in the framework of property law required the servient tenement artificial use of own real estate of convenience while the use of the servient tenement to people regulate the rights, obligations established by the real estate agreement reached by consensus. Easement contract to be contract bilateral contract. Second, the article analyzes the nature and characteristics of the easement contract, that the nature of the easement contract claims consensual, and the subject matter of an easement contract for the land of others, bilateral contract, paid contract, and you want to contract four characteristics. Again, the article explores the problems set by the easement contract and easement, that easement contract exists, its purpose is to set the easement. Finally, the article demonstrates the easement contract with the registration of easements, that the registration of the easement behavior can be better to protect the easement contract, the rights of the parties.The second part is the establishment of the easement contract. The article first discusses the main body of the easement contract, that the relationship of the easement, the servient tenement and be the servient tenement, together constitute the main body of the easement. From two aspects of the land owners and land use to explore the main body of what the principal is qualified easement. Second, the article analyzes the subject of the easement contract that is the object of the easement for the land and buildings, place the object of the easement for the movable and immovable property was discussed, at the same time as long as it is to make better use of land table, the underground or on the ground can become the object of the easement. The third part is the establishment of the easement contract in effect, pointing out that China adopt easement registered antagonism is reasonable.The third part is the content of the easement contract. The article first as the starting point the rights and obligations of the contract subject to the easement, the easement contract subject that is, the servient tenement and be the servient tenement, rights and obligations, and that the rights and obligations concomitant in legal relationship, and neither is dispensable. Secondly, the paper analyzes the termination of the easement contract. Explores the reasons for the termination of the easement contract. Again, the article explores the problems set by the easement contract and easement, that the parties may choose for different situations of breach of contract or tort liability, in order to better protect their legitimate rights and interests.The fourth part is to review the easement contract law. The article first points out the scope of application of the easement is not clear that China is now the application of the easement limits the scope of the "born of the relationship due to real estate" is complete and accurate to be explored. Secondly, the article analyzes the real estate the lessee the possibility of establishing an easement basis that can be considered real property lessee as qualified the main establishment of easements. Again, the article explores the easement contract applicable to the confusion with the neighboring relations, pointed out that the easement contract can not exclude the application of the neighboring relations. Finally, the article demonstrates the question of the period stipulated in the easement contract that can not be a permanent easement easement contract period.The fifth part is the perfection of the easement contract law. The article first on the expansion of the easement contract the scope of subject and object are discussed, expressly pointed out that the main aspects of our country should be judicial interpretation of real estate all the usufructuary and the lessee to set the dominant position of the easement, which allows within the statutory time limit of easements. Subjective and objective law should be clear whether the easement contract on the use of the building and creation of an easement in order to give full play to the system of meaning of the easement contract. Second, the article analyzes the perfect easement contract, expanding the use of the servient tenement, if the two sides in the contract did not change after the contract is signed for the terms of the contract or agreement is not clear, in violation of the easement registered the purpose of the use of the content of the premise, allowing the contents of the contract change with the changes of the servient tenement, or need the needs of the dominant tenement, unless the parties can not be changed explicitly agreed again, the article explores to establish an easement contract for the famous contract that will The easements contract included in the well-known benefits of the contract. Finally, the article argues that a reference needs serving to dilute the system, which in order to better the playing of the role of the easement, we should learn from foreign practices and dilute the easement.