Legal Portection For The Rights Of Habitatio In Real Estate Business

Sound harmonious society promoting China’s economic development, along with the gradual improvement of living standards, people pay more attention to housing conditions. Perhaps out of the traditional Chinese concept of Landmark buyers, perhaps because buyers living expenses shall occupy the largest proportion of Chinese people’s concern for housing is far more prominent. China’s current legal transactions for buying and selling homes in the rights and obligations between the parties, made a detailed and comprehensive regulations. However, these laws have been ignored in a group. This group exists between housing inextricably linked, but circulation but can not participate directly in the process of trading houses, and houses the circulation and lived closely with their survival. The current law turn a blind eye to them, that does not require them to enjoy the rights trading houses, nor that they should report to fulfill. This legal vacuum in the group of people that is residency.Human right to live in residence. Residency is derived from the ancient Roman law system. Residency system has an important legal status and the right to use it usufruct together constitute the Roman legal system framework easement. Until modern times, many civil law countries and regions are circulating followed the residency system. However, in our country has not been clearly defined legal residency in this legal system, nor the concept of human rights of residence, resulting in the interests of residency issues involving lack of a unified legal settlement standards.This paper mainly judicial practice real case as the research object, for different housing turnover in the way the interests involved in the issue of protection residence, organize extracted solved difficult problems. First, the sale of housing impact on the interests of residency; Second, housing reform and the impact on the interests of residency; Third,housing relocation impact on the interests of residency; four, home ownership and residency rights of people who use the differences in housing. By analyzing the study proposes three ways to solve, first, to establish residency human institutional system through the development of a single law or other legal measures against the circulation of residence in housing benefits be protected from the legal system protect the right of residence in housing turnover the interests; secondly, to allow owner of the house who agreed with the right of residence residency; Third, the establishment of administrative residency registration, publicity and query system. Circulation residence housing interests of legal protection, better able to strengthen social harmony and stability, and enhance the economic efficiency of housing turnover, the stability of transaction protection of housing turnover increased residence all the houses of others who use efficiency.