On Buying And Selling Non Breaking Creditor's Rights Residence

Whether the right of residence should be set up in the usufruct of the new civil code is a hot topic.In the case of "housing for the aged",the nature of this kind of residence has not been clearly defined by law,and the judge can not refuse to make a decision,so the interpretation should follow the principle of legal interpretation.From the internal point of view,it is to correct the deviation from the autonomy of the meaning of the residents.From the external point of view,it can be seen that the purpose of living in"housing for the aged" is to protect the residents.The system does not destroy the formalism of private law because the residents in "housing for the aged"are really special protectors.However,for those who do not have the special nature of protection,if they are protected,they will violate the formalism of private law.In view of this,the establishment of registration system in imitation of foreign laws,from the internal point of view,the system can correct the deviation of autonomy of will.From the external point of view,if the creditor's rights resident has been registered,in order to rely on the means of registration publicity,the resident should be specially protected,then the sale will not break the creditor's rights residence;if the creditor's rights resident has not been registered,at this time the resident should not be protected,then the sale will break the creditor's rights residence,because the application of the sale will not break the creditor's rights residence,which violates the value concept of the protection law.