澳门地役权取得方式的思考及借鉴

权利的取得方式是权利实现的基础.然不同的权利类型,其取得方式不尽相同.各国民法在继承罗马法的地役权时,吸收了其取得方式.但因各自的历史文化背景不同,对地役权取得方式的传承各有千秋.纵观有关立法,我国澳门地区的地役权取得方式较为丰富多样,为地役权的充分利用提供了条件.在“一国两制”,谋求私法统一的背景下,澳门地役权取得方式对科学构建大陆的地役权取得方式具有借鉴意义.

Thinking and Reference of Easement Attaining Method in Macao

The method to obtain a right is the foundation of right＇ s implementation. However different types of rights are obtained through different ways. When the easement from the ancient Roman Law was inherited by other countries into their own civil laws, Roman methods for attaining the easement also became a great source of reference for other countries to set up their easement. Considering the specific historical and cultural background, different countries employed these attaining methods in different ways. Macao easement is achieved through more diverse man-ners than many other countries＇ easement. The diversity of the easement-obtaining-method facilitates the easement u-tilization in Macao. In the one-country-two-system background, this achievement can be reference to China Mainland in terms of constructing easement-obtaining-method properly.