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Studies on the Easement System of China

Author: PanLiJuan
Tutor: WangYueLong
School: East China University of Politics and Law
Course: Legal
Keywords: Easement Public ownership of land Property right
CLC: D923.2
Type: Master's thesis
Year: 2005
Downloads: 170
Quote: 4
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Abstract


The Servitude as the first Property system is established by almost every country.Although China haven’t establish Servitude system,《The Consult draft of PropertyLaw》formulated by Law Committee of National People’s Congress the《Advice draftof Property law》written by lianghuixing professor, and the《Advice draft of Chinesecivil law》written by wangliming professor all contain such contents what means thatServitude system will be part of Chinese law system and investigate this system ismeaningful.Basis on the history, this thesis open out the connotation of Servitude whichmeans the right of using others lands convenient for use own lands. Through theintroduce of foreign Servitude law and the contrast between continental law andAnglo-American law, this thesis reflects the Servitude legislation status in foreigncountries, and figure out that traditional servitude system has changed, which bodyand object have been expanded, with the development of social economy.Establishing Servitude system is propitious to efficiently use lands and othernatural resource, protect environment and remedy the limitation of property law.Despite of the Servitude system had been made as early as 100 years ago in china, ithas not been definitely stipulated by Chinese civil law nowadays. As we study thecommunal system of ground and its inflection, we must acknowledge this is necessarythat establish Servitude system.Legislative value of Servitude system is in order to exert the biggest benefit oflands and other natural resource, to promote the development of domestic economyand international exchange.Some regulations about Servitude in《The Draft Of Property Law》are faulty, weestablish this system should be according to the situation of our country, consultforeign legislative experience, and abide by the principle of efficiency.

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CLC: > Political, legal > Legal > Chinese law > China and France > Property Rights
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