ABSTRACT

This chapter explores the law of servitudes in the New Chinese Civil Code through the eyes of a foreign civilian lawyer. Interestingly, its examination reveals a mixed picture. Although the Chinese law of servitudes drew deeply from Roman law principles, the reception followed a different pattern than some of its Western counterparts. Using Roman law, the French Civil Code, and the Chilean Civil Code as points of reference, this chapter explores some similarities and differences that foreign civilian lawyers will find when dealing with servitudes in China.