从民法的历史沿革来看,最早的他物权制度莫过于地役权了。罗马法中不仅存在地役权,还存在人役权,关于地役权的理论多为传统大陆法系物权法继承。我国自清末改制以来,深受大陆法系传统影响,但其引用又带有一定的盲目性,以致放入“中国国情”中便出现诸多无法自足的弊端,比 Judging from the historical evolution of civil law, the earliest of his property rights system is the easement. In Roman law, not only easements but also manning rights exist. The theory of easement is inherited from the traditional civil law system. Since the reform in the late Qing Dynasty, China has been deeply influenced by the traditions of the civil law system, but its quotation has some blindness, so many unscrupulous disadvantages appear in the “China’s national conditions”.