Residency Study

This dissertation, based on the leads of the development of the habitatio in continental law system and our country's legislation of habitatio, looks into the evolution of habitatio system in continental law system from Roman law period, analyses the advantages and disadvantages of traditional habitatio as well as the reasons of its existence in modern society of market economy, and thus proposes that, through due analysis of the innate character, structure and external functions of habitatio, our nation's legislation of jus rerum should inherit and blaze new trails in the traditional habitatio system with our country's social practice taken into account, and establish a modern habitatio system with values of order, justice and liberty, so that it gives the answer to the issues of whether it is necessary , and if so ,what it is and how to establish a habitatio system so as to provide a theoretical support for our nation's legislation of jus in rem and judicial practice.Viewed from the sources, habitation is rooted in the system of servitudes personarum of Roman law and exists in the framework of usufruct ,usus and habitatio. The patriarchal system and the system of successio per universitatem of family property in Roman society as well...