The Research On Dwelling Right Of Small Property Room

Along with Chinese rapid urbanization, the problem of Small property room emerges inlarge numbers, the core of the problem is the contract for the sale of Small property room whichis null according to national policies and laws. The purchasers＇possession and use of housingare lack of legal basis, which causes a lot of conflicts and disputes. Existing ways and means tosolve the problem of Small property room are not feasible according to the Equity, Order, Value,Public interest.By investigation of Dwelling Right in civil law countries, such as France and Germany.We can conclude that Dwelling Right which derives from Roman law system can achieve theseparation of land-ownership and usufruct about the house and does not change theLand-ownership.Dwelling Right which can be a great way in solving the problem of Smallproperty room. The draft Property Law of2005has formulated Dwelling Right. So, the paperwill propose a new Dwelling Right on the basis of the draft and demonstrate its feasibility andnecessity, how to play a role in the judicial practice.