Some Problems On The Easement

Easement is a basic legal system that is widely adopted by various countries in the world. It is not only an important system in the Continental counties but also a significant legal system in the Anglo-American legal system. The easement system has a very long history. However, for some reasons, easement had not been explicitly stipulated in China's civil law for a very long period.Recently, the National Peoples'Congress of China promulgated the PRC Property Law in which the world-widely adopted easement system was expressly incorporated in the law of the PRC for the first time.Although the system of easement was adopted by the PRC Property Law, due to the debut of this system in China's legal system after a long disappearance, the academic community, the practicing community and the public are not so familiar with this legal system. In light of the above, the author chose to address some basic topics of this legal system. In the preparation of this dissertation, the author adopted the historic approach, the comparative approach and the jurisprudential approach to analyze problems related to easement.Firstly, from the historical perspective, the author addressed the origin and development of easement. Beginning from the Roman law, to the Continental law, and then to the Anglo-American law, the author tried to deliver to the readers a preliminary understanding of this legal system.Secondly, through the comparative approach, the author addressed a significant theoretic question in the Property Law that is the similarities and differences of easement and the adjacent relationship. By such analysis, the author further discussed the unique characters and the practical value of easement.Thirdly, through the jurisprudential approach, the author addressed another significant theoretic question related to easement, namely the relationship between the easement system and the Doctrine of Numerus Clausus. Due to the leading role of theDoctrine of Numerus Clausus in the Property Law system, the in-depth analysis of this question will help us precisely positioning the easement system and revealing the theoretic tension of easement in the whole property legal system.Finally, in order to advance the application of the easement system in the legal practicing in China, the author addressed the innovation of easement. In this section, the author mainly analyzed the new development of easement in the environmental law area and its development in terms of public easement purporting to promote the innovative application of easement.The main characteristics of this dissertation are as follows:(1) The selection of a novel topic. The easement system addressed by this dissertation is a newly adopted legal system in the PRC Property Law. The preparation of this dissertation was before the promulgation of the PRC Property Law. Nonetheless, the author precisely forecasted that the property law would adopt the easement system. Based on this, the author focused on the research of this topic during his studying in order to contribute to the development of this legal system in China.(2) Utilizing diversified researching approaches. In the writing of this dissertation, the author utilized the historic approach, the comparative approach and the jurisprudential approach to analyze certain important questions regarding easement. The utilization of these approaches enables this dissertation to acquire a high academic quality.(3) This dissertation is not limited to theoretic research. Conversely, it utilized the positivism method and addressed the legislations and judicial practices of various counties. It reviewed the easement systems in different countries and in differing times, aiming to arriving at more scientific conclusions.(4) The purpose of this dissertation is to promote the effective practicing of the easement system in China. In light of this and through the comparative research and theoretic analyses of the easement system, the author is trying to contribute hissuggestions to the development and innovation of the easement system in China.