The Study Of Easement

Easement is an old usufructuary right, originated in Roman law , was developed in the modern civil law countries. In 2007 China promulgated "Property Law", confirm the easement as legal right , but these provisions are too rough, operational is not very good. Because of these reasons, this paper based on the basic theory of easement. It discusses the trend of easement's development and argues the defects of easement belong to Chinese current legal system. There are four parts of the full text.The first part describes the general question of the easement. This part discussed the unique of easement. It pointed out that the easements was a right to increase the value of own land .And set up some kind of land rights on others. The characteristics was subsidiary, indivisibility and Self-determinationThe second part discusses the setting of easement. As a form of property, whether the setting of easement is the same as other real property and valid by registered? I think the content of easement is extensive and with qualitative meaning, insisting on registering will increase too much inconvenience. The part also discusses the effectiveness, objects, items and other issues of easement registering, these are the practical issues which need to solve in practice.The third part explains the elements of easement. Including the determine and modify of parties, object, deadline and content of easement, these constitute exercise of the object, scope and other basic issues of easement, which is the core of easement.The fourth part discusses the protection of easement. I respectively start from claim of the right for property and claim of the right for creditor's right of easement, elaborating the protection mode of easement, thus discussing the conflict between easement and other rights.The fifth part is the conclusion. This paper is a preliminary research about easement ,I hope it can play a role at practice .