Mainland China And Macao Easement Comparative Study On Several Issues

Easement is a kind of old principle, founded in Roman law. The establishment of the easement in our country provides the legal guarantee for maximizing use of the real estate resources. But it is a new property right, so in "Property Law" some regulations is rather abstract, principled, they need to be improved. Establishment of easement system in Macao is earlier than the Mainland China, it is very special in the content and structure of legislation. Moreover, because Both of Mainland China and Macao are belong to the Continental law system, and there is the basis in the reference. This article through studying the regulation of easement between Macao and Mainland China is to find the rules which are proper for the Mainland situation in order to perfect the easement system of Mainland China.This paper is composed of the preface, text, endnotes. The preface is to introduce the significance of comparing the Mainland easement with Macau easement, in order to draw out the writing purpose of this article, and the research method and structure will be briefly introduced. The text includes the following four aspects:The first part for the full text is the basis, that introduces the basic theory of easement about the historical reasons, the concept and the legal nature.The second part is the most important part of this paper, it analyzes comparatively the subject, object, acquisition, change model, termination of the easement between the Mainland China and Macau, and the difference that is the key will be acquired.The third part is to analyze the causes of the difference about the easement between the mainland China and Macau, from the aspects of history, economy and culture.The fourth part firstly summarizes the theoretical basis of the easement for reference, and on the basis of above parts, it takes the advantages of Macau easement to make up for the lack of Mainland easement, in order to perfect the easement system of Mainland China.The epilogue part reaffirms the significance of relevant provisions of the Macau easement for the Mainland easement, and the full text is summarized, and we are looking forward to the future of the Mainland easement.