Easement System Research

Because of easement is playing an important role in regulating real estate, Soour country in2007enacted property law in the form of legislation specifically onthe rules, to make up for the flaws of the adjacent relation in the regulation of realestate.This article mainly USES the methods of historical analysis, and the methodof comparative analysis and so on, to conduct a comprehensive system of research ofthe easement system, analysis of present situation and deficiency,in our country,and puts forward concrete measures of perfecting our country’s easement system.Inthis paper, on the basis of others research results for reference, the easement systemhas carried on the detailed discussion, the main body of this thesis consists of fourparts.The first part of the paper elaborates that the elementary theory of easementsystem,including the easement concept, characteristic and classification, and therelationship and difference between easement and related rights.The second part mainly compare the easement related content between thecontinental law system countries and Anglo-American law system,Get somerevelation from the comparison:Firstly, Aging method of easement has been widelyused;Aging is one cause of termination in easement;seeing from the law of allcountries,concerning to the methods of publication of easement, there are register onpaper contract and register on paper opposing,but register on paper contract is veryreasonable.Specific provision in the legislation of easement,And actively innovativetype of easement;Make the easement system to better meet the needs of the reality;The third part analyzes the problem of easement system in our country.Mainincluding: firstly, The acquisition of Easement is not enough;Secondly, Theregistration of the easement is not good;Thirdly, the elimination of Easement cannot meetthe needs of the reality;Fourth,the type of regulation of the property law is inadequate.The fourth part of the paper is directed against the deficiency of the easement inChina, and drawing on the useful experience from foreign countries, and we shouldPut forward Suggestions to perfect our country’s easement system,including:Addition of the aging method of easement of system; Perfect the elimination of reasonof the easement; Improve the registration of the system of easement, through thetype of the easement provide for the registration content of the easement.,and toregulate a uniform pattern of registration of the easement; And to innovate the typeof easement,add to the Business restriction management competition right,and thepublic easement system、the Space Servitutes praediorum and so on.