The Reconsideration Of Habitatio

The habitatio system is of long standing and well established, even nowadays, it is adopted by many countries in the world. However, the Real Right Law of the People's Republic of China didn't adopt it. In the author's opinion, it is necessary for our country to establish this system according to the requirement of our society and the laws and regulations related. So, it is significant to do more research on it. In this dissertation, the author analyzed whether there was a social foundation for the habitatio system combining practice, and then, compared the habitatio system with the regulations related to highlight the advantages of it, and at last, made a discussion on how to build the habitatio system in our country in the light of the Real Right Law mentioned above.This dissertation was divided into three parts: In the first part, the author summarized the habitatio system by describing its definition as well as its features, and then, made a brief introduction to its development. In the second part, the author analyzed the social requirements and compared this system with the regulations and rules related, such as lease rights and pawn rights and so on, in order to prove that it is necessary to establish this system. In the third part, the author tried to discuss how to establish a rational habitatio system ranging from the procuration, termination and classification of the rights to the effectiveness of the rights.