The System Shaping and Standard Path of Easement Rights in Civil Property Code

Abstract

Easement Rights is a right designed to promote the use efficiency of Real Properties, but the meaning of land in different legal systems is not fully considered in Property Law of the People’s Republic of China when it follows the Easement Rights system. Therefore, the adjustment scope of Easement Rights system in China is controversial. It is necessary to clarify this before the promulgation of the Easement Rights in Civil Property Code that is being compiled. In order to achieve the above goal, we can draw the following conclusions. First of all, we should change Easement Rights to Real Estate Easements while taking into account the factors such as the legal system of China and the flexibility for social changes, so as to solve the contradiction between the meaning and the system of the object of Easement Rights adjustment. Secondly, it insists that Easement Rights is the right to use the easement directly and specifically, and establishes that the scope of adjustment should not include Real Estate Rights. Moreover, it is necessary to expressly allow the usufructuary to set up easement and increase its own easement, so as to leave room for the easement to play under the current land system of China. Starting from the spirit of regulating civil relations in Property Law, Easement Rights is set up to promote the utilization efficiency of Real Estate, and it is concluded that in the future Property Right system, the Easement Rights system should not only be used for the sake of public interest, but also be used to adjust the situation of no easement.