Research On The Legal Regime Of Habitatio

It is generally accepted by the theory circle that Habitatio, one sort of the jusin re aliena，is an ancient system derives from the Roman law. It is means that anentitled person has the right of habitation in others’ houses. Most countriesadopting Civil Codes in the Western Civil Law systems has inherited theHabitatio，and a portion of scholars think that there are also some relevantsystems in Common Law reflecting the substances of Habitatio(such as theMarriage Right to Housing in UK Law and the Estate for Life in US Law).InChina, Habitatio has been established in the Real Law (Draft) in the15th Chapter,the chthapter with special12clauses and then has been canceled in the5deliberation for the Draft. The intense disputes of the availability of Habitatiohave been highly placed during the process of the enaction of the Real Law.Based on the full observation and study of the Habitatio Legislation at theabroad, the essay reveals the overall view of research of the local Habitatio fromthe two methods as the current circumstances of the theory research and theanalysis of practice judgment.In the section of the theory research, I introduce the current circumstances ofthe theory research which is one of the two research methods on habitatio. In thispart, the introduction is divided into two types as for-establishing-habitatios andagainst-establishing-habitatios, according to the contents of works from localscholars. It concentrates on refecting the major points of the two types mentionedabove, in order to stress the contradiction disputes of the two opposite types.After that i focuses on the current circumstances of the practice judgmentwhich is the other of the two research methods on habitatio. In this section,105pieces of civil judgment report involving civil Habitatio are regarded as researchtarget, thus weighting the ifve types in ihe judgment report as the relationship ofplaintiff and defendant, the type of subject matter, the gist of Habitatioestablishment, the relevant claim as well as the reason of the judgment. Thischapter makes the statistic of the proportion of relevant problems in each typeand tries to infer the Habitatio practice judgment thinking lines.Based on the conclusion of the separate characteristics of the theory research and practice judgment on Habitatio, i compare the characteristic of the twomethods，and then review the shortage of the current research on the Habitatioand put forward suggestions on the relevant problem involving the Habitatio. Inthe suggestion section, the demonstration is emphasized on two aspects as notestablishing the Habitatio currently, and the other is three parts as theory research,practice judgment and legislation should strength the essential interaction andenhance the establishment of the legal country.