Research On The Introduction And Construction Of Residency Rights

Habitatio is an ancient system of servitude in the Roman Law which arises from the inheritance system of wills and is used to guarantee the basic life of non-orthodox indeterminate heirs.After that,many countries in continental Europe carried out various degrees of improvement and development of habitatio.However,few habitatio have been found in the civil laws of Asian countries.With the emergence of investment habitatio,the focus of the discussion on residency right has long been not confined to the constraints of other countries' legislative cases,but has shifted to the re-definition and value re-analysis of the function of residency right.The main part of this article is divided into four chapters:The first chapter is an overview of habitatio system,which is divided into two parts:the first section introduces the concept and characteristics of the right of residence on the Roman law and the development of legislation in various countries;the second section summarizes the current academic debate and justice practice situation in China on the right of residence.The second chapter is the repositioning of the function and value of habitation which is divided into three parts:based on numerus clausus,the first section discusses the impact of the principle of public summons of right in rem,the type of property right and the mitigation of numerus clausus;the second section discusses the social right of residence,that is,from the perspective of traditional ethicality,analyzes the protection of vulnerable groups under traditional concept and the limitation of the right of specific interest people in the inheritance relationship;the third section deals with the right of investment,that is,from the perspective of contemporary technology,analyzes the new type of residential relationship including the right of residence in the construction cost subsidy,the right of residence in the time-distributed property right,and the right of residence in the common property right.The third chapter is the study on the appropriateness of the establishment of the right of residence in China which is divided into two parts:the first section starts with the theoretical needs of the right of residence in China and conducts the demonstration of necessity from the perspectives of servitus personarum,usufruct and habitatio itself;the second section starts from the actual needs of our country and discusses the objective condition of Chinese housing ownership value,social security and the effectiveness of the property,which ask for the right of residence be established as soon as possible.The fourth chapter is the legislative construction of Chinese residential right which is divided into two parts:the first section deals with the location of the right of residence in the Civil Code;the second section specifically put forward the structure of Chinese basic structure of residential right,respectively the subjects,objects,right and obligations,and the acquisition and elimination of legislation were designed.At the time when the Chinese Civil Code was revised,the formulation of the Property Volume has received extensive attention from all walks of life.Although our country has no legislative precedent for the right to reside,whereas the residency has emerged a new space for development,so its function and value should be repositioned.Therefore,I believe that the right of residence will have a space in the Property Volume in order to achieve the diversified use of housing to protect the interests of right holders.