Research On Quasi-easement System

Easement originated in Roman law and became the first of limited rights. Its unique autonomy, subordination, inseparability are the results of its timeless. Because of new social environment and living conditions, the needs for easement are no longer confined to content of elements. Conversely, according to the needs of social economy development, scholars expand and restructure the connotation and denotation of easement. And a theory named quasi-easement came into being.The concept of Quasi-easement system is based on the easement. Quasi-easement refers to the owner of real estate can set an easement for dominant estate, both the servient estate and dominant estate belong to only one person. Quasi-easement is structural reform of traditional easement, which breaks the limit of subject qualification and allows the establishment of an easement can be the owner of both dominant estate and servient estate. The value of Quasi-easement system is reflected after the assignment of servient estate. It not only ensures assignees fulfills obligations, but also makes sure the use of dominant estate always has been carried out according to plan, to create economies of scale. Quasi-easement has realized the function in planning of land use. It ensures both rights and obligations by property form, and has significant impact in maintaining stable relations of real estate and saving real estate transaction cost. As our economy has entered a stage of rapid development, there are three key points in economic development:adjusting land use, improving land utilization, keeping utilization relation stable. Combine with China’s basic national conditions, there is a space and system value for quasi-easement in China.This paper completes the process of argumentation by five parts:In the first part,, this paper introduces significance of the topic, research status, research methods and innovative ideas of quasi-easement. The second section describes the basic overview of quasi-easement, including basic conception, legal nature, and feature. The concept of quasi-easement is evolved from traditional easement. Compared to traditional easement, quasi-easement has its own unique properties which can be classified by basic theory. The third second is comparative research. This paper systematically introduced foreign countries’legislation and practices. Compared with different legal systems and different countries’ legislative practices, it provides guidance to improve the easement system in our country. The fourth part mainly demonstrates the need for quasi-easement through sorting four important functions. And the last part analyses specific institution of quasi-easement. And it is appropriate for two different field:the land ownership which has a great impact on social economy and the condominium ownership which is closely related to human life. With the existing problems, this paper aims to establish quasi-easement system in the context of public ownership of land.