澳门特别行政区土地法长期租借制度建立在两大理论基础之上:其一为传承自罗马法的永佃权概念在葡萄牙法语境下的变异;其二为中世纪注释学派关于dominium directum与dominium utile的区分。在弄清渊源的问题后,发现dominiumd irectum与dominium utile的区分与现代葡萄牙和澳门特别行政区民法所接受的物权概念是不相容的。当物权概念被采纳为民法典制度建设的基石后,土地法的长期租借制度即成了无根之树。 The long-term leasehold system of the Lands Law of the Macao Special Administrative Region is based on two theoretical foundations: one is the variation of the concept of the right to tenure inherited from Roman law in Portuguese-French context; the other is that of the medieval annotation school on dominium directum and dominium utile distinguish. After clarifying the origins, it was found that the distinction between dominiumd irectum and dominium utile was incompatible with the concept of real right accepted by the civil law of modern Portugal and Macao Special Administrative Region. When the concept of real right was adopted as the cornerstone of the construction of civil code system, the long-term lease of land law became the rootless tree.