The Establishment Of Habitatio System In China

The purpose tracing back to habitatio at the beginning to establish in the method of ancient Rome, namely to solve the social moral' obligations. Elaborate to inherit the Civil Law in France and Germany both of which were from Rome, and also afterwards produced its influence to Italian civil law and Switzerland civil law. Analyzed the reasons about why Japan or Taiwan didn't establish the same system. Combining with our country currently present in the realistic life, as known as the guardian relation, marital relationship and the minority group, the part induce the main objection opinion existing at present of the scholars about habiatio system, such as the realistic foundation isn't suit to establish habitatio, can't integrate in our country existing system frame, will cause the confusion of life etc. Subsequently from real demands of the modern world, the limit of existing laws, the maximize of house performance, especially from the needs of the married people, the write makes a conclusion that the establishment of habitatio system is very necessary to our present society.From the second part of the article, according to the concrete characteristic and its way of establishment, habitatio is divited into two groups named arranged habitatio and legal habitatio. They are effective on different aspects. Arranged habitatio means the house owner establishes habitatio on his own. Legal habitatio means habitatio is established to the provision of laws. The former mainly aims at the three cases as will, bequest and contract. The latter one have the public-spirited property, mainly resolve various existent minority community, such as the parents, the divorced, disable and sick person, old people and so on. Under the objective environment, this part of people is lack of an equal footing position to reach engagement. The two types both should both be involved in the habitatio system.In the third part, aiming at the habitatio system in the draft of Reality of Law in 2005, make some reasonable suggestions in the nine aspects of existing ruling, like subject, object, establish way, register, right, obligation and exterminate. The article also gives a general analysis about the deletion of habitatio in the formal papers of Reality of Law which is obviously unfavorable to the progress of the society. In some people' opinion, the area of habitatio is very narrow, which could completely be replaced by some other laws such as Marriage Law or Contract Law of the People's Republic of China. And habitatio mostly take place in the relatives or the friends, once dispute occurs, it can be easily solved by the current relevant law rules. But this kind of active course clearly shows that the people do not really aware of the special function of habitatio for the minority group. Certainly, this is probably because of habitatio system itself is too abstract to understand and accept.The conclusion part is carrying on the description of synopsis in the deletion of habitatio system in Reality of Law of the People's Republic of China. And the writer think it do very important to set up the system in future China.