Comment On The Rules Of Residence In The Civil Code And Its Supplement

My country’s "Civil Code" mainly uses six articles to stipulate the basic framework system of the right of residence,including the concept of the right of residence,the subject and object,the acquisition and elimination,and the restrictions on transfer and inheritance.However,the legal provisions stipulated in the Civil Code are relatively rough and simple,which cannot completely solve the problem of the right of residence in judicial practice.It is necessary to formulate relevant legislative and judicial interpretations to make up for the loopholes in the rules of the right of residence in our country,and to protect the goal of the establishment of the right of residence To be realized,and to promote the improvement of my country’s housing security system.This article mainly discusses in the following four parts.The first part discusses the concept,nature and practical significance of residency rights.First,explain the basic meaning of the right of abode and clarify the nature of the right of abode;second,explain the practical significance of the right of abode in my country,which can play an important role in the following three aspects,such as protecting the housing needs of special vulnerable groups and improving multi-level Housing security system,improve the diversification of housing utilization methods.The second part discusses the specific content of the residency rules in the Civil Code.First,the subject of the right of abode can only be a natural person,and there is no restriction on the subject of the obligation;second,the object of the right of abode is a house owned by others,which can be part of the house or the whole of the house;third,only the intended right of residence is stipulated,That is,the right of residence is established in the form of a contract or a will;thirdly,the holder of the right of residence only has the right to possess and use the house in principle,but the right of income can be granted to the holder of the right of residence through the contractual agreement;again,the right of residence is free in principle established,and transfer and inheritance are not allowed;in the end,only the expiration of the time limit and the death of the holder of the right of residence are provided for two extermination reasons.The third part discusses the loopholes in the residency rules of the Civil Code.First,there is no clear definition of the scope of actual residents,and no clear definition of the scope of necessary family members;second,the establishment of residency rights is single,and the intended residency rights cannot fully protect the interests of vulnerable groups,and the existing system can not replace the legal residence;thirdly,the content of the rights and obligations of the holder of the right of residence is not specified in detail.For example,the distribution of repair obligations is not clear enough,and the existing regulations cannot solve the problem of the distribution of repair obligations;thirdly,the function of the right of residence system is fuzzy and lacks investment housing.In the end,the reasons for the extermination of the right of residence are not clear and specific,and the interests of the owner of the residence are likely to be harmed.The fourth part discusses the omission of residence rules in the Civil Code.Based on the analysis of the loopholes of the rules of residence rights,the rules of residence rights in the Civil Code are supplemented and perfected.First,clearly define the scope of the actual holder of the right of residence,give the holder of the right of residence the right to accept others to live together,and clearly define the scope of necessary family members;second,the establishment method is clearly established in accordance with the law to achieve the intention,the dynamic balance between residency rights and legal residency rights;thirdly,clarify the distribution of repair obligations in law,and clarify the application of repair obligations under general and special circumstances;thirdly,clarify the rules of investment residency and clarify investment the application situation of the right of residence,and the improvement of the rule construction of the right to achieve a complete and unified system of the right of residence;finally,the reason for the extinction of the right of residence is clarified.For the general extinction,you can refer to the relevant provisions of the applicable property rights and the contract.For special extermination,the reasons can be analogized to the provisions of easements.