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美国的地役权制度从宏观上分为普通法地役权、不动产的契约权利、以及衡平法地役权。普通法地役权的特点在于其既可以依据法律规定而成立,也可因当事人意志而成立。默示地役权作为普通法地役权之一种,其成立依据是一组体现价值判断的法律规则。我国地役权制度仅仅规定了以合同方式成立的意定地役权,并无法定地役权,这在很大程度上限制了地役权的适用。因此,对美国财产法中地役权默示规则及其适用的研究,对我国役权制度的完善,具有启发和借鉴意义。
The easement system in the United States is divided macroscopically into the common law easement right, the contractual right of immovable property, and the equitable easement. The common law easement is characterized by its being established either by law or by the will of the parties. As one of common law easements, implied easement is based on a set of legal rules that reflect value judgments. The easement system in our country only stipulates the meaning of easement set up by contract and there is no statutory easement, which limits the application of easement to a great extent. Therefore, the study on the implied rules of easement and its application in the American property law has the inspiration and reference significance for the consummation of the easement system in our country.