The Research On The System Of Dwelling Right

Dwelling right comes from Roman law,and consists of legal system of servitudes personaum in Rome law with uses and usufruct.The Rome law has a deep effect on latter countries.As a result of this effect,most of these countries has stipulated or established the Dwelling right system,but not including China.Today,along with market economy's vigorous growth,The problem of Dwelling right is still debated unceasingly in academic circles.There are one foreword and four chapters in the article.In the forward,the author introduce the background of the article:we are in the course of constituting the "civil code of China",the system of Dwelling right faced with arguments;and in reality,the specific group of people's right of habitation without the protection of law.As a real right which entitled to the exclusive use of others house,habitation can availability safeguard their's rights.So the author show her uphold viewpoint about the discussion of setting the Dwelling right.The first chapters mainly introduce the historical development of Dwelling right and the value of it.Firstly it introduces the concept,feature of the Dwelling right and it origins from ancient Rome law with its main content.The last,this article analyses the value in the past compare with contemporary era.In the second chapter of the article,this article mainly introduce the legislation of the Dwelling right in the countries which stipulated the Dwelling right detailed,such as Germany, French,Switzerland and England.Then it analyzes the characteristic of each country.In the third chapter of this article,it mainly expounds the necessity and feasibility of setting the system of Dwelling right in our country.Firstly it analyses the reason why we did not stipulate this right in the past years,and elaborate the necessity in our society now,then analyses the feasibility.In the fourth part,the author tried to discuss how to establish a rational system of Dwelling right ranging from the procreation,termination and classification of the rights to the effectiveness of the rights.