Research On The Typology Of The Establishment Of Residence Right In China

The usufructuary right in the Civil Code of China is divided into Chapter 14 and a new system of residence right is set up.In order to give full play to the function of making the best use of things,the Civil Code established the principle of "free"establishment of the right of residence,and the rule of "paid" establishment as an exception.On this basis,combining with the judicial practice,our country residence can be divided into two categories,category to give full play to the right "people"sex",dedicated to the protection of vulnerable groups of affordable housing,the residency in principle to set up free of charge,such as a divorce help residency.survival spouse residency.Such,another kind is paid to set up an investment residency,such as both meet the specific purpose of affordable and investment in retirement with house residence,by"reserves the right of ownership of residential sales",on the one hand,is conducive to protect the elderly pension housing,on the other hand also facilitate implementation of make full use of,To enable the elderly to receive pension costs.Due to the differences in the purposes,ways and applicable rules of the two types of residence right,this paper divides the right of residence into security right established for free and investment right established for paid based on legislation and judicial practice.For the guaranteed right of residence,the legal provisions on the right of residence in the Civil Code are mainly applied.When the parties cannot reach an agreement on the right of residence,the court should be allowed to establish the right of residence through judgment documents according to the provisions of the Special Law,so as to better protect the right of residence of vulnerable groups such as divorced women without a house and surviving spouses.As for the investment right of residence,although Article 369 of the Civil Code of China explicitly prohibits the transfer and inheritance of the right of residence,it does not prohibit the establishment of the right of residence for payment.Therefore,the investment right of residence still has its existence.In practice,joint venture building(buying)houses and time-sharing resort hotels are all forms of residence rights derived from investment.The reality of an investment residency requirement on the regulation of our country of residency in the interpretation and application should not cling to themselves,and should be applied to times development,promote the development of market economy,according to "civil code" in article 366 of this law"meet the needs of living" for purpose of interpretation of the right to set up,which include the investment residency in "civil code" regulation of the right category,according to "civil code" regulation clear residency rights and obligations.In order to realize the legislative purpose of the right of residence and enhance its vitality,the safeguard right of residence and the investment right of residence work together.