New Development Of Easement-Research On Real Estate Easement

In 2007,with the promulgation of the property law of China,the system of easement was first identified in the legal system of our country.In the past ten years,the system of easement has played an important role in promoting the economic construction and social development of our country.However,from the legal provisions of the easement specified in the analysis of the provisions of the mutually contradictory between each other,formerly known as "real estate",after the words appear "service land","dominant land" and other words,it is unavoidable that academic circle has a big disagreement on the understanding of "earth".Some scholars believe that "land" should include the use of land and the relationship between the buildings.I think otherwise.Our country has always implemented the principle of "separation".In this context,The concept of "land" is hard to understand as above.Therefore,it is considered that the easements stipulated in our country can not cover the due object of easement.That is,The easement only refers to the adjustment of land use relations.In 2010,Taiwan’s law revision of property law,the easement system to more substantial changes.The established system of real service rights in Taiwan province has made a qualitative breakthrough in the existing easement and can be in conformity with the development of the times.Therefore,this article will focus on introducing the system of real estate commission,with a view to rekindle our easement system.The main body of the thesis consists four parts,including the beginning of the Roman easement system and later the inheritance and development of the system by the major countries in the civil law system,analysis of real estate easement in theory,the value of the real estate easement,as well as the necessity and significance of our country to establish the service of real estate.The first part begins with the analysis of the system of Roman easement,with a glimpse into the epitome of real estate easement from the Ancient Roman easement System.Then analyze the succession and development of the Roman easement from various countries in the Civil Code of the main countries of civil law system.The purpose is to analyze the statute from the statute that the provisions of a similar system of real estate easement still appear and the real estate easement has become an inevitable trend.The second part mainly analyzes the real estate easement system from the theoretical perspective.The first section mainly introduces the concept,characteristics,classification,acquisition and effectiveness of real estate easement.The second section analyzes the legal relationship of the service of real estate,mainly from the aspects of subject,object and content.The third part analyzes the system value of real estate easement.my introduce about this mainly from the relaxation of the legal principle of real right,remedy the lack of adjacent relations,to optimize the allocation of resources,improve the utilization efficiency of real estate and promote urban planning.The fourth part analyzes the practical significance of the real estate easement system to our country and the necessity of establishing the system of real estate easement in our country.In order to be able to comprehensively consider the system in the revision of the"Property Law",then in our country can also establish the system of real estate easement system.