Interpretation Of Noncompete Easement

Noncompete easement has emerged to meet the needs of the people in social life.It has gradually evolved into a specific type of right from various similar practices,showing the non-operating obligations and non-competition obligations that are gradually lncluded.The easement legislation of many countries and regions in the civil law system and the modernization reform of the easement system in Britain and America provide valuable experience for the clear identification of the nature of the noncompete easement.In addition,the connotation of moderm easements has been expanded to be clear.It is possible to clarify the attributes of the easements that the noncompete easement has,and to find its belongings in the legal world.The structure of the noncompete easement has a unique characteristic in addition to the general structure of the easement,and its structural analysis helps to fully understand and recognize the noncompete easement.The noncompete easement has multi-layered value,coordinates the conflict of real estate utilization,and improves the efficiency of real estate utilization.As a representative of the new easement,it promotes the innovation of the easement system and reflects the spirit of property rights.There are also many shortcomings in the noncompete easement,which need to be subject to a number of constraints,and in the case of specific judgment through value measurement and benefit measurement.Although China does not have the relevant provisions on the noncompete easement,it has shown a strong demand in social life.On the occasion of the codification of the Civil Code,China's legislative work should respond to it,promote the easement to coruscate vitality in China,in order to serve the people.This article has five parts.The first part is the judicial practice and connotation of the noncompete easement.It sorts out the relevant judicial practices of Germany,France,Britain and America,understands its specific forms of existence in society,and then summarizes the specific types and summarizes the non-operating obligations and non-competition obligations.The second part is the legal affiliation of the noncompete easement.After comparing the easement legislation in Germany,France,Italy,Switzerland,Louisiana,and Taiwan,and comparing the easement reforms in Britain and America.Drawing on advanced experience,identify the nature of the noncompete easement.In the case of the expansion of the modern easement,determine the attributes of its easement.The third part is the analysis of the structure of the business right.To clarify the definition of the noncompete easement,the subject of the noncompete easement is the owner of the real property,the usufructuary owner,the lessee,and the object of the noncompete easement is the real estate such as land,house,sea area,etc.Noncompete easement has the characteristics of usability,independence,subordination,indivisibility and so on,and it can be obtained through setting,giving,and inheritance,the person in need of service corresponds to the rights and obligations of the person in service.There are many ways to eliminate the noncompete easemen,and the relief of the noncompete easement has its special features.The fourth part is the analysis of the advantages and disadvantages of the noncompete easement,and has the multi-layer value of coordinating the conflict of real estate utilization,improving the utilization efficiency of real estate,creating new servitude rights,and promoting the innovation of servitude.It also has many disadvantages such as compromising competition,and it is necessary to set preconditions for its establishment,and to measure value and measure benefits in specific cases.The fifth part is the prospect of the noncompete easement in China.At present,there are related situations of the noncompete easement in China's society.There are also related litigation disputes in judicial practice.However,China has not yet stipulated the noncompete easement,but also the easement has not taken root in China.Based on the needs in social life,the civil code that is being formulated in China should respond.Under the impetus of new servitudes such as the noncompete easement,we will improve the relevant provisions of easements,with a view to realizing the vitality of easements in China.