Study On The Right Of Habitation In The Civil Code Of China

The right of habitation originated from the Roman law and was originally set up to solve the problem of the life security of certain family members and freed slaves.Germany,France,Switzerland and many other countries chose to inherit this traditional Roman law system.At the same time,due to the different national conditions and various factors caused by the development,these countries have made some changes and breakthroughs in the right of habitation system,so that it is more suitable for their own needs.The right of habitation has not been used for reference at the beginning of the establishment of civil law in China.In the draft of property law in 2007,the right of habitation was still not adopted in the end,due to too much dispute among scholars.Now the right of habitation is defined as a new usufructuary right in the Civil Code,which plays an important role in protecting the interests of vulnerable groups and has a great influence on improving the judicial practice involving the chaotic situation of the right of habitation judgment and realizing the maximization of housing interests.Accordingly,the author will use four chapters in this paper to explain the provisions of the existing law,talk about the shortcomings of the current right of habitation system,and put forward suggestions for improving the right of habitation system in China.The first part is an introduction to the basic theory of habitantion,including its characteristics and classification,and so on.It introduces the current status of the legislation on the right of habitation in China.It also explains the legitimacy of the establishment of the right to live in China.This system will play an important role in protecting the living needs of vulnerable groups,maximizing the benefits of housing use,and improving the multi-level housing security system.The second part is to explain the provisions of the right of habitation already stipulated in the Chinese Civil Code.In this part,the author will focus on analyzing the existing provisions,exploring why legislators have made such current requirements for all aspects of the habitation system,and explaining the meaning of the legal provisions.The third part writes about the deficiencies of existing habitation system in China.It mainly discusses the deficiencies based on the foreign habitation system.The current habitation system is geared towards guaranteeing social habitation while ignoring investment habitation,making existing regulations completely restrict the transfer and inheritance of habitation.The existing system also does not limit the scope of actual residents,and does not specify the rights and obligations of right holders.The fourth part is about the supplement and improvement of the right of habitation system in Civil Code.The provisions in the Civil Code are not comprehensive.There are still some provisions that need to be made.Based on the analysis of the deficiencies in the chapter three,this chapter will give opinions and suggestions on the improvement of the contents of the habitation right.This includes distinguishing between the subject of the right of residence and the actual resident,clarifying the rights and obligations of right holders and the protection of the right of habitation.The normative setting of the right of habitation system is driven by the requirements for settling resident disputes,and provides clear applicable standards for handling cases about right of habitation.The establishment of this system in China is fully necessary and justified.The author introduces the basic theory of habitation right,explains the existing habitation system,analyzes the deficiencies of the regulations,and proposes suggestions for improving the existing laws,in order to contribute to the development of right of habitation in China.