A Study Of The Legal System Of Habitatio

Abstract: In the sense of civil law, habitatio refers to the right of a natural person to use another person's houses within the limit of the necessity of himself and his family. Nowadays, as to the right of habitation, it has been internationalized by international agreements and constitutionalized by constitution of some countries. Meanwhile, it has been reflected in some countries' administrative law the aim to make the residents have their houses to different degrees respectively. Furthermore, it is necessary to legalize habitatio in civil law and to make it more concrete. After analyzing relevant legislation of some countries and district, such as Rome, France, Chile, Germany, Switzerland, Italy, Ethiopia, Algeria, Russia, Great Britain and Macao, we can clear up the general structure of the legal system of habitatio. Habitatio is a kind of ius in re aliena with a personal nature as well as a property nature. The subject of habitatio is only natural person, and its object is another person's house. The content of habitatio includes the right of house possession and use, the duty of administration with good faith, preservation and restitution and so on. As for the occurrence, change and termination of habitatio, there are some differences between some countries and district. In order to set up the legal system of habitatio in mainland of China, it is needed to revalue it with an open and various attitudes and to grasp absolutely its modern spirits, so that the legal system of habitatio can not only exercise the traditional function to protect thefamily order of living, but also meet the modern needs of the freedom of the will and of making full use of things. In our country, there are some defects in the rules or ideas of contract law, marriage law, Wuxi administrative law of the right of habitation and civil law (draft). Because of its practicality and rationality, the legal system of habitatio should be made in the future Chinese civil code, and should be laid out from there aspects, its concept, key elements and alterations. Meantime, the statutory habitatio and the agreed habitatio should be differentiated correctly by the future Chinese civil code.