Residency Legal System In China To Study

In this article, the author inspected the system of habitio in Roman law, the countries of continent law family and England, American law firstly. In the beginning the author analyse the reason of arise and development of habitio, conclude the characteristic of habitio in Roman law. The inspection to the continent law family is mainly based on the characteristic of every countries' habitio. The aim is to seek the trace of development of habitio and grasp it' s inner law. The introduce to the habitio in English and America is mainly the specific provision. Through the comparison and analyses we can conclude four trends in foreign habitio in foreign habitio system: there is an obvious trend that the servitus personarum whose object is house is provided habitio; the role of habitio arise in many fields step by step; the alienable of habitio is accepted step by step; the habitio provided by law is paid to more attention. These trend is the basis of construction of our habitio in theory.In second part, the habitio is defined through the development trend o habitio connected the practical need in our country. The author discussed the three characteristic of habitio, strengthen the recognition of it' s essence of jur in rem. According to the need of increase of role, the habitio is divided into different type to apply to different provision. To demonstrate the independent meaning of habito, the author compare the habitio ad the right of house rent in the conception to distinguish the jur in rem and jur in personam strictly. The author believed the trend that jur hi personam possess some specially of jur in rem not only can' t meet the need of party to get the protection of jur in rem, but also may confuse the system of system of jur hi rem and jur hi personam and damage the transaction safety. The habitio and the right of rent should been established independently.The third part is how to establish the system of habitio hi our country, the core of this article. The rule is established that the habitio should been secured according to the will of the party. The author introduce the register and exempt register system of habitio.Then the author discussed the meaning of habitio provided by law and by court in some specific situation. In the effect part the author cite the party of habitio' s nine items of right and owners' s five items of right and obligation, the author argue that the party of habitio has the right to rent the house with exception of the different agreementor different provision. The house can' t been rent when the habitio is provided by law or by court. There are two reason that the habitio disappear according to foreign legislation and judicial practice.The aim of this article is to produce the suggestions to legislation.The reason that there is no habito in Japan civil code is lack of society surroundings. The change of society promote us to think the fate of habitio in China again.The author prove the necessity to provide the habitio through five aspects: the increase of importance of habitio; the need to protect the benefit of woman; to protect the old men's benefit to adapt the need of the trend that the increase of old men; the need to protect to weak party and practical need. The author comments on the provision of habitio in <>, point out that the role of habitio is limited to living safeguard obviously, lack of the recognizition of increase of role of habitio.The biggest drawback is lack of the method to secure the habitio hi the draft. This drawback will influence the employment of habitio' s role; the provision is too simple to suit the practical complex need due to missing some important rule.The habitio should adopt the legislation that provided in law of jur in rem and law of kin and some special law. The author agree that habitio is provided in real right for use and profits parts as an independent chapter in the daft. However, the provision in the draft is too gross. The specific suggestion to the habitio in the...