The Reconsideration Of Habitatio

Originating from Roman Law, the right of habitation is also a kindof personal servitude, the main function of which is to raise andhelp the vulnerable groups and to provide them with protection oflegal residential right. During thousands of years after theformulation of Roman Law, right of habitation occurred in some lawsof countries under Continental Law System and the cases of countriesunder Anglo-American Law System. Right of habitation has become anindependent right, and it is not non-transferable or non-inheritableanymore due to social development and the people’s actual needs.The Solicit Opinion on Draft Real Right Law of China announced inDecember2002provided the right of habitation. Through heateddiscussion, the Draft Real Right Law promulgated in June2006removedthe provision regarding right of habitation due to its limitedadaption.The author of this paper analyzes the needs of setting up thelegal system of habitation from the point of married people, theelders and other vulnerable groups in the society by investigatingthe right of habitation of other countries. In the last paragraph ofthis paper, referring to the laws of other countries, the author putsforward some suggestions regarding setting up the legal system ofhabitation.This paper consists of the introduction, body paragraphs and theconclusion. The introduction mainly introduces the writing background andwriting purpose.The body paragraphs of this paper are composed by following threechapters:The first chapter expounds the origin and existing legal system ofinhabitation in the Continental Law countries, such as France, Italy,Germany and the Anglo-American Law countries like UK and US. Bycomparing with the legal systems of these countries, this chapteraims to solve the problem that how to adapt the new requirements ofpeoples.The second chapter analyzes the practical needs to setting upright of habitation in our country in four aspects. Firstly, theauthor analyzes the cases and decisions of disputes arising frommarriage cases. Secondly, the author analyzes the cases of the elderswith no habitation and the necessity to provide legal protection forthe elders. Thirdly, the author analyzes in the aspect of nanny orother vulnerable groups. Fourthly, the author expounds the needs ofinvestment through referring to purchasing the houses, time-sharinghotels investment and house investment in Sanya Mode.Based on the condition of our country, the author provides hissuggestion and opinions in the third chapter on the characteristics,subjects, objects, obtaining and the termination of residential right,and the rights and liabilities of the residential right.The last part is the conclusion of the purposes and the contentsof this paper.