Research Of Dwelling Right

Before the official promulgation of the Civil Code,the cases related to the right of residence had become more and more common in judicial practice,but due to the lack of relevant legal provisions,some judges can only judge the value of the relevant cases according to the legal principles and legal values.Therefore,it is of great significance in theory and practice to study the system of the right of habitation and comment on the right of habitation in the Civil Code of our country.As the usufructuary right to use,profit and dispose of other people's houses,the right of habitation can not only protect the residential interests of the social vulnerable groups,but also meet the other needs of some social groups for the use of real estate.The main body of the right of habitation includes natural person,legal person and non-legal person organization.There are two ways to establish the right of residence,one is to establish the right of residence after the two parties reach an agreement,the other is to establish the right of residence in accordance with the provisions of the law,the court may determine the establishment of the right of abode in accordance with laws and regulations.In the course of exercising the right of habitation,both parties to the right of habitation should fulfill their obligations and enjoy corresponding rights,for example,the owner of the House may provide the owner of the right of habitation with a house suitable for the purpose,the person with the right of abode shall not damage or resell the House with the right of establishment of residence without consent.The death of the owner of the right of habitation and the expiration of the right of habitation will lead to the loss of the right of habitation.China's current social security system,marriage and family system,etc.Can not completely solve the problems related to the living of groups,therefore,the establishment of the right of residence is conducive to the protection of the interests of the relevant groups in China's current legal system.The gradual weakening of the servitude of the owner of the right of habitation and the enhancement of the usufruct also determine that the system can be classified as a kind of usufructuary right in our country and give full play to its value of use.Although the Civil Code provides for the system of the right of abode,based on the fact that the purpose of the right of abode is solely to meet the needs of life and residence and does not include other functions,this kind of stipulation is not completely consistent with the establishment intention ofthe right of habitation and the development trend of real right.Therefore,it is suggested to increase the legal acquisition of the right to live,and to elaborate the method of establishing the right to live in the will.The principle that the right of habitation can be transferred and mortgaged and that the right of habitation should be established with consideration is beneficial to the system of the right of habitation.