Research On Inhabitation Interest Protection For Non-owner Spouse Of Marital Residence

The residence which uses for couples to live in together (Hereinafter refers to ma rital residence), satisfies the basic needs and fulfils the familial function of caring for the aged and the children, It not only means the normal property for the family, but also has special social significance. Nowadays, the property concept of people in mar riage tends to be more and more independent, accordingly, the situation that one of t he couple holds the full ownership of marital residence is very common in our surro unding, and the implementation of the judicial interpretation (3) for Marriage Law oft he People’s Republic of China aggravates the situation. the Inhabitation System is no t stipulated in Real Right Law of the People s Republic of China and the relevant provision in Marriage Law of the People’s Republic of China and related judicial interpret ation is ambiguous, thus, the inhabitation of the non-owner in marriage is not guara nteed.Based on the investigation of current situation and legislation in the domestic a nd analysis of the related law in other countries, the author puts forward the viewpoin t that making the marital residence prior to other family properties as for protection a nd setting up the Inhabitation System for non-owner spouse of marital residence in th e field of marriage law. Only in this way, marriage and families can be protected bett er and the resident right of the related people can be guaranteed better.The paper consists of four parts, the details are as follow:Part1, outline of the Inhabitation System for non-owner spouse of marital reside nce.Firstly, the author states the definition, classification and the special social signifi cance of marital residence; Then the author gives a brief introduction of the originati on, development and the characteristic of The Inhabitation System, as well as the feas ibility of setting up the Inhabitation System in our country. Next, with the analysis o f judicial reality and the research productions, the author proposes that recently we sh ould setting up the Inhabitation System in the range of marriage law instead of settin g up the Inhabitation System in the Law of Rights over Things. At the end of this p art, the author explains the definition, the characteristic and the value of the Inhabitati on System for non-owner spouse of marital residence. Part2, observation in the relates systems in other countries.In this part,the auth or introduces the Inhabitation System in the countries of the continental law system (German, France and Italy) and the Right on Marital Residence System in the count ries of the common law system(the UK,the Us and Canada).Part3, research on domestic practice and legislation. The author analyzes factors t hat make the marital residence tend to belong to one of the couple, along with the re Iated legislation and the existing problems.Part4, law making and legislative proposals. Firstly, the author elaborates the legi slative form, the primary coverage of the Inhabitation System for non-owner spouse of marital residence, as well as the settlement of the conflict between the system and th e Bona Fide Acquisition System. Secondly, as for the problem caused by the situation that when the non-owner of marital residence is endowed with dwelling rights on the marital residence by the court, the court decision is hard to carry out completely, the author tries to find a solution in current legal system.