地役权与相邻关系适用范围界分之思考

The thinking of apply fields of easement with the neighboring relation

在地役权与相邻关系的立法模式上,我国物权法采用了并列式,这为提高不动产资源利用率,实现不动产权利人之权益提供了多元保障。但是,两者的调整对象存在着重叠,交叉,而物权法又未对两者适用范围予以界分,以至于实务中难于予以适用。为此,有必要勾画出两者的适用范围。

On legislation mode of easement with the neighboring relation, the our country real law has adopted a juxtapos format, which will provide a diverse guarantee to raise real estate using of resource rate and carried out the persons rights of the real estate. But real law didnt give a boundary to both apply fields, with as for easily cause the overlap of both object in the actual situation. So it is necessary to sketching both of apply fields. According to easement＇ s character of very greatly open, it shah be applied in the realms, such as economy, environmental protection etc, except live realm. And that live realm shall be adjustment by the neighboring relation.