The Consideration Of Habitatio

"Property Law" has been started on October 1,2007, and in the final,the right of residence has not been contained by the the implementation. When talk about the reason why does not have a right of residence for this practice, the NPC Law Committee, explained that:"the application is very narrow, based on family relations, marriage laws have solved the housing problem of the care". Thus, the Law Commission recommended deletion of this chapter."In reality, however, a series of problems arise that the situation is not as it wished, the existing legal system is still difficult to achieve a certain extent, therefore, to discuss the issue still has practical significance.Residence, in China's "Property Law" (draft) made in its definition, refers to the residence of others who enjoy the occupied housing and other attachments, use rights as well as the rights and obligations.The so-called right of abode issue is that property law in China, or whether the Civil Code should provide for residency system, and (if it should provide for) how to design specific norms.Basic necessities of life are the people's fundamental needs, housing problem is related to today's socio-economic, and political dimensions.Housing as an important real estate is one of the conditions necessary for human survival.In modern society, more and more people concerned about the value of housing, housing has become scarce resources for survival, but also the people's fundamental to settle down."World Declaration of Human Rights," Article 25 provides:"Everyone has the right to maintain himself and his family's health and well-being of the standard of living, including food, clothing, housing " But as far as social status, since the land and housing scarcity, China has a large few more people, more and more acute contradiction have been appeared. Housing value in contemporary society have been improved, thus not destined for everyone to meet under the premise of the ownership of housing.Originated in the Roman,the law of the residency system may be a good solution to the contradictions between the housing owner and the user.This article includes the introduction, body and conclusion form.The body contains the research of the residence system, the basic theory. The justifiability about whether China should establish residency system, and how to design our system of residency.From the origin point of view, the right of habitatio is rooted in the Roman.To address a specific family members or the housing problem of the liberation of free people, the Romans created the right of residence.Such habitatio on the basis of such special ethical relation is of auspicious nature of servitus personarum,which reflects characters of personality,remedy and time limit.lt is conforming to the family structure and political system of Roman times,and thus maintains the family relationship and social order of Roman slavery system and reflects the civil law order and justice value. Later France, Germany, Italy, Switzerland and other civil law countries, without exception, all had suffered the residence system in its civil law.Through the comparison of national laws,we can found that, although existing different shapes and different functions in residency cases, but the basic attributes are no different----have assets and the property.In the second part, through the analysis of social practices and relevant legal system of our country, in dealing with the establishment of habitatio in our country, from different perspectives to further demonstrate the need for China to establish residency system.This section is the focus of this article, including three layers.In the first level, Introduce the scholars's attitude towards whether to establish the right of residence system:positive and negative.The author put forward different views, demonstrating his own view:the residence.system should be established in our country. The second level indicate:residency system in the "Property Law (Draft)" and started from scratch is a major innovation, a major bright spot, but the provisions are still not without shortcomings, can not fully meet the actual needs.In the third level,from the value function of the residence and the specific problems related to the right of abode is not perfect, to prove the current situation in our country still should need to establish residence system.In this part of the discussion, among the relevant literature in the integration of previous data, based on the long-tail theory, from an economic point of view, thinking on this system more perfect.Next in combination with other relevant national civil law, specifically addressed how to establish the residence system in our country. mainly related to the scope of application, as well as how to solve the conflict between other rights and residence system.In this paper, the development of civil law and our residency legislation as the clues, using historical method, comparative method, social and economic analysis of law jurisprudence, investigated the Roman residence since the civil law system, the evolution of history,to explore the Rationality of establishing the residency system in the modern market economy, thus answering our property rights legislation Whether to design residence, need what kind of residency, as well as how to construct the residence of China's legal system and other issues. with a view for the country's property rights legislation and judicial practice, providing theoretical support.