The Research Of Dwelling Right

Dwelling right of using the other's house for dwelling originates from the ancient Roman Law and is introduced into European continent civil codes. At the same time,many common law countries such as British, the United States make rules to protect dwelling right in divorce cases. But Japanese civil codes, Korean civil codes and the area of Taiwan civil codes have not the system of dwelling right.In our country, the dwelling right does not proceed smoothly without a hitch. After the founding of new China, dwelling right has not come in view for a long time due to the influence of former Soviet Union. Because real right is ruled by law, it is regarded that the dwelling right of real right does not exist in our country now. During the process of drawing up reality of law, it is disputed whether dwelling right is set in reality of law or not. It is confirmed in my article. If we want to know the reason, it should be analyzed carefully.The article is made up of introduction, text and epilogue. The text is made up of three parts——the headstream and development of dwelling right, the thinking of setting dwelling right in our country and the construction of dwelling right in our country. The latter two parts are the main parts in the article.The article is generalized in the introduction.The origination and development of dwelling right are introduced in the first part of the text. Dwelling right originates from the ancient Roman Law and is introduced into European continent civil codes. Common law countries such as British, the United States make rules in the area of marriage and family. While the East Asia does not introduce dwelling right, this is not the reason that we refuse to accept it.The thinking of setting dwelling right in our country is introduced in the second part of the text. First, the concept and lawful character of dwelling right are analyzed. Then from the actual situation of our country, analyzing the necessity and feasibility of establishing dwelling right, the traditional social dwelling right must be broken through. And the invested dwelling right should be ruled for the new requirement of the society.The construction of dwelling right in our country is introduced in the third part of the text. The legislative suggestion and the concrete design thought of dwelling right are proposed. It is recommended that the sphere of application of dwelling right should be expanded. The invested dwelling right should exist with the social dwelling right. It can be transferred in the condition of investment. As to the design of dwelling right, three establishing ways, effect, and the coordination of the other right are introduced in detail.In the end, we still believe that it is the inevitable choice that dwelling right should be ruled in our country, although reality of law that was newly published has no rules of dwelling right.