再论地役权的从属性

地役权具有从属性，且为固有属性，而非立法政策“强加”的；地役权规范为强制性规范，在建筑物、土地所有权转让的场合，当事人不得约定地役权继续保留在地役权人之手；数个地役权并存于同一宗供役地的场合，先设立且已登记的地役权的效力优先；先设立却无登记的地役权，不能对抗后设立但已登记的地役权；至于先设立却无登记的地役权与后设立亦未登记的地役权之间的效力关系，应按照四项规则处理。

Rediscuss the Subordination of Easement

Easement has the characteristic of subordination, which is its inherent characteristic, not imposed by legislative policies. The norms of easements are peremptory norms. When the parties convey the ownerships of buildings and land, they can not agree that the easements still be reserved by the holders of easements. When several easements are concurrent in one land, we should prescribe the established firstly and registered easement has preferential effect, the easement established firstly but not registered can not oppose with the registered easement but the secondly established. The effect relationship between the secondly eastablished but not registered should be confirmed by the four rules.