The Consideration Of Habitatio

The habitatio system originated from the Roman law,which linked with the particular system of Roman and social reality. The original intention of the habitatio system in Roman law is to endow the person who can not inherit family property with habitatio. In this way can it met the special housing needs of that person.Most civil law countries inherited the system. This dissertation,based on the comparative analysis, following a clue of the habitatio in Rome law, German and French law, summarizes the characteristics and growing trend of habitatio, so as to propose recommendations on the establishment of habitatio system in compliance with China's actual needs.As the habitatio system is not formulated in the Property law, the exised civil legal system in our country to adjust the relation which non-owner make use of the other's house and the attachment is confined to the housing borrowing and leasing system. Whereas there is a pressing need of the habitatio system in the real life and judicial practice. Owing to the lack of legislation, there exist many problems in judicial practice.This dissertation divides into three parts: introduction, text and conclusion. In the introduction, the writer will introduce the background and purpose of the dissertation. There three chapters in the text. The first chapter introduces the basic theory of the habitatio system. In the section one, the writer sums up the characteristics and nature of the habitatio ;In the section two, the academic discussion and the status of judicial practice of the habitatio will be studied to certify the practical needs for habitatio. Chapter two will analyze the necessity to set up the habitatio system. First, four situations of the habitatio's practical needs will be analyzed. Secondly, setting up the habitatio system can meet the needs of the theory and enrich the theory of property system. Secondly, the writer will refute some learners'views of opposing to set up the habitatio system to demonstrate the system can be implanted in Chinese property system. Finally, the habitatio system, the housing leasing system and the legacy-support agreement will be analyzed to prove the unmatched advantages of the habitatio and conclude the necessity of setting up the habitatio system. Chapter three will analyze the legislative structure of the habitatio system, which includes the conception of the habitatio,the applying scope of the system, the relevant subjects, objects, obtaining, eliminating , the obligations and rights. In conclusion, the author claims that the habitatio system is imported on one hand to satisfy the housing needs of specific people interial the marriages and families, on the other hand to meet the broad housing needs on which this system can have impacts in fields of financing housing constructions.This dissertation analyzes and refutes the points of opposing to set up habitatio,so as to proof the necessity of setting up the habitatio system. meanwhile, Combined with the reality of our country, this dissertation will put forward its suggestion on the scope of its'application and the way of its'establishment.