On The Expansion Of The Scope Of The Easement

Easement is ancient usufructuary right system, originated from the ancientRome law, have the main countries of continental law system and Anglo Americanlaw system for the inheritance, and the birth of the ownership, gave birth to thepersonal servitude, right on the ground, his right of permanent tenancy. Easementsystem has experienced three thousand years of existence and long, and in theeconomic and social development to enrich the new content, with a unique role andfunction are inseparable. Easement can regulate the business competition, satisfy thevarious social strata using other immovable property to realize respective interestdemand. Easement system for scientific planning of urban community in, create agood living environment for people, to avoid the deterioration of the ecologicalenvironment, air pollution control, hand static space can play a positive role andprovide the right support. Based on our country’s actual situation, according to theinternational community of the easement system, to perfect "the relevant provisionson the easement of real right law of the people’s Republic of China", put forwardspecific legislative proposals.This paper from China’s easement extends the scope of application is realisticneed of land planning, restricting the public power to model the easement, theeasement abuse for range extension can contain real estate developers in planningand development, improve the land utilization benefit of easement scope expansionof necessity discussion.Secondly, the scope of easement extended precedent, focuses on the civil lawcountries in French law, easement, the countries of Anglo American law systemAmerica law on the easement is analyzed.Put forward their views and suggestions on legislation to the final application ofour easement range expansion. From the establishment of an easement, thedevelopment of diversified forms of easement function diversification,easementcontent diversification etc. to put forward their views. Based on the basic conditions of our country, drawing on the legislative experience of all countries in the world,comprehensively improve the easement system, efforts to solve the problemsencountered in real life, to fully protect the interests of all parties, the easementsystem play a positive role in the social life.