西南石油大学学报(社会科学版) ›› 2020, Vol. 22 ›› Issue (6): 57-63.DOI: 10.11885/j.issn.1674-5094.2020.08.17.01

• POLITICS AND LAW • Previous Articles     Next Articles

Conflict and Coordination Between Easement Rules in Civil Code

LI Zonglu, GU Yingying   

  1. College of Humanity and Law, Shandong University of Science and Technology, Qingdao Shandong, 266590, China
  • Received:2020-08-17 Online:2020-11-01 Published:2020-11-01

Abstract: In May 2020, the Third Session of the 13th National People's Congress passed the Civil Code of the People's Republic of China. Although the real right part of the Civil Code has been revised and improved on the basis of the 2007 edition of the Property Law, it keeps the basic provisions on easement in the past, which will inevitably lead to misunderstanding and misjudgment in the judgment of easement disputes in future judicial practice. The reason is that the Civil Code does not clearly express the connotation and logical relationship of confrontation rules, subordination rules and indivisibility rules in easement registration, which easily leads to conflicts between easement rules. In order to eliminate the conflict and confusion among easement rules in future revision of the civil code, we should clarify the hierarchical relationship, adjustment scope and legal effect among easement registration confrontation rules,subordination rules and indivisibility rules,and clearly state and explain the corresponding provisions so as to avoid conflicts between the rules.

Key words: civil code, easement, subordination, indivisibility, registration confrontation

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