Research On Several Issues Of Easement

Easement is a real right system with a long history, originated in ancient Rome,it is attached to the ownership of its emergence, various principle laid a foundation for later. For a long period of time, the easement is the only principle form existence.Easement in the usufructuary right system, has the extremely important position, is both unique and its applicable field widely, the development and evolution of usufructuary right plays a powerful role. But as the rights of superficies, permanent tenant right successively appeared and development, the role of easement compared with newly emerged more and more small, the position not once upon a time,reduced to an ordinary principle, keep pace with other usufructuary right. However scope of easement has a considerable degree of autonomy, can fill the laws and regulations such as land, buildings, omission and controversy in practice and operation, we must adjust the relationship between adjacent to promote environmental protection and standardized the order of the competition, and rational utilization of land resources to the greatest efforts. Our country "property law" was promulgated on March 16, 2007, and with 14 law definition of easement, the establishment of easement, the duration of the easement, assignment, easement of easement lift made simple rules. Easement make clear a regulation, in the property law in our country has the extremely important milestone in the history of legislation,thus, the modern social and economic development is inseparable from the powerful support of easement.This article around the theme of product liability using comparative analysis,case studies, the methods of historical analysis, start from the concept of easement,the origin of easement, characteristics, types and carding, analysis and discussion on the basic issues, such as system of both at home and abroad and combining the relevant legislation of comparative analysis and reflection, put forward the perfect proposal. The text is divided into four parts.The first part, an overview of easement. This part of the definition, the characteristic of easement, a preliminary introduction to basic concept of the easement. Then traced back to Roman times of easement, this paper introduces the historical background and social form of easement, as well as the evolution and development of its historically, and illustrates the legislation on the classification and the classification of the theoretical circle of our country.The second part, the easement and other related rights of contact andcomparison. This section will easement and ownership, personal servitude, compares the adjacent relation in the nature and characteristics, has both similarities and there are many different, and sums up, demonstrated the significance and value of the existence of easement system in our country.The third part, and existing problems of the present legislation of our country’s easement. This part mainly introduces the current legislation of easement in our country, including the acquisition of easement and easement registration; Also put forward the easement system problems and deficiencies, including easement main area is too small, the content is too simple, and the defects such as problems in the process of registration.The fourth part, some suggestions on perfecting our country’s easement system.This part is mainly on the part of the existing problems put forward Suggestions and countermeasures, the first is to expand the scope of easement main body, rich content of easement, followed by a clear easement registration organs, classification of the content of the easement, again add easement for one thing, to sum up perfect easement, in order to adapt to the demand of the society.