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地役权作为一项极为古老的制度,它起源于古罗马法。地役权是指不动产权利人为某特定不动产的便利而使用他人不动产,使其负一定负担的物权。地役权是用益物权中争议较多制度之一,具体体现在地役权的性质、概念、效力和等诸多方面。本文首先介绍地役权的的起源以及在各国的发展,随后通过探讨地役权的概念与特征、地役权登记的效力等一系列问题,最后通过分析我国地役权制度的优点及其存在的立法缺陷进行简单的讨论,并且结合其他国家关于地役权的规定,对我国地役权制度的发展提出一些立法建议。
As a very ancient system of easements, it originated in the ancient Roman law. Easement refers to real property owners for the convenience of a particular real estate and the use of others real property, making it a negative burden on property rights. Easement is one of the more controversial systems of usufructuary rights, which is embodied in the nature, concept, effectiveness and other aspects of easement. This paper first introduces the origins of easement and its development in various countries, and then discusses a series of issues such as the concept and characteristics of easement and the effectiveness of easement registration. Finally, by analyzing the advantages and existence of easement system in our country, The legislative defects of simple discussion, and combined with the provisions of other countries on easement, the development of easement system in our country put forward some legislative proposals.