Research On The Habitatio In The Civil Code

The "Property Law" promulgated by the Fifth Session of the National People's Congress in 2007 finally deleted the content related to habitatio.With the 2018 right of residence included in China's "Civil Code(Draft)",the right of residence has once again entered the public eye.Property law is still in the development stage in China,and the theoretical system is immature.Scholars have not reached a unified opinion on whether habitatio is listed in the code.In the domestic academic world,it is divided into positive and negative statements.At present,most scholars hold positive opinions and believe that living Rights should be incorporated into China's civil code and incorporated into our country's property law system.The existence of a system must inevitably outweigh the disadvantages.The benefits brought by China's inclusion of the right to reside in the Civil Code far outweigh the disadvantages.The right to reside is not only in the traditional field-protecting the housing rights of vulnerable groups.The comparative advantages also play an important role in the new field of housing pensions.We should not only confine ourselves to the traditional field of housing rights,but also broaden our horizons and give full play to the biggest role of housing rights in our country.Housing rights.The thesis is divided into five parts:The first part is the introduction,which focuses on the research background,research significance,and research status at home and abroad.In the research status at home and abroad,it focuses on the viewpoints and theoretical differences of domestic scholars,and gives a brief introduction to research methods and innovations..The second part introduces the concept,origin,characteristics and functions of habitatio.habitatio is the right of certain right holders to live in other people's houses in order to meet the needs of living.The origin of habitatio can be traced back to the ancient Roman period,later legislation was mostly based on ancient Roman law.The function of rights isconcentrated in three aspects: protecting vulnerable groups,realizing housing pensions,and helping to open the property rights system.The third part introduces the legislative provisions of various countries on habitatio.The legislation on habitatio is divided into civil law countries and common law countries.The civil law countries include Germany,France,and Italy.The three countries have roughly the same subject matter,object,method of elimination,and cost of repair.,But according to the actual needs of their own domestic,there are some innovations in the system.Anglo-American law residency is introduced in the United Kingdom and the United States as typical countries.The difference between the two is that the civil law residency is mainly reflected in the real right part,while the Anglo-American legal system is mainly in the field of marriage and family.The fourth part is the theoretical justification of the entry of habitatio,starting from the two aspects of academic legitimacy and realistic legitimacy.In terms of academic legitimacy,there are affirmations and negatives.At present,most scholars agree with the affirmations that the negatives are represented by Professor Liang Huixing,who believes that the existing system is sufficient to resolve cases involving housing rights,and lacks the necessity of real existence,So habitatio should not be included in the civil code.In terms of realistic legitimacy,the current system cannot resolve cases involving habitatio,and countries in the civil law system that have not yet provided for habitatio are changing their attitude towards habitatio.It is necessary to provide for habitatio.The fifth part analyzes the legal provisions of the third draft of the Civil Code on the law of the right to residency,and explains the reasons behind it and the legislative background combined with the changes between the one,two,and three drafts.And applicable law.Finally,put forward perfect suggestions for the defects in the draft,and put forward supplementary suggestions for the omissions in the draft.