从《物权法》角度审视我国地役权制度

Examine Easement System from the Perspective of Real Right Law of China

地役权作为古老的物权制度之一,具有悠久的历史,在《中华人民共和国物权法》中得到明确规定。如何使这项古老的制度唤发出新的生机和活力,笔者试从地役权的概述入手,比较地役权与相邻关系的异同,结合其他国家和地区关于地役权的相关规定,提出完善和发展地役权制度的构想。

As one of the most ancient law system, easement system has a long history.In Real Right Law of China,easement system has been prescribed definitely.With the rapid advancement of modern society,how to activate this old system for further development is an important issue.In this paper,the author first introduced the concept,the compositions and the content of easement system,and then compared easement system with adjacent relation from the acquirement and the disappearance of easement.Finally,combined with the correlative laws of other country ,the author gave some new thoughts to develop and perfect easement system in our coun- try.