| The right of habitation derives from Roman law and it is an ancient human servitude which has a profound impact on the legislation of many countries in the world.The "Civil Code of the People’s Republic of China"(hereinafter referred to the "Civil Code")in the real right part of the usufruct,stipulates the right of habitation in six articles with special chapter.But there are deficiencies and omissions,which are still not enough to meet the needs of reality.It is difficult to achieve the purpose of legislation.This paper focuses on the research on the right of habitation norms under the background of "Civil Code",and explains the value of the right of habitation by analyzing the nature of the right of habitation.Examines the right of habitation norms,and puts forward suggestions for improvement the deficiencies of the right of habitation norms.Firstly,the paper analyzes the nature of right of habitation in depth.The right of habitation contains two essential attributes,including the attribute of human servitude whose core is the protection of the right and interest of the weak and the attribute of property right whose core is the use of property.Initially in Roman law,the right of habitation,as a safeguarding right,belongs to human servitude,which has a strong attribute of protecting the weak.But when it was inherited by European civil codes,the human servitude of the right of habitation has gradually changed.Civil Code of our country positions the right of habitation as a usufruct,but it still retains a certain degree nature of human servitude.Secondly,the paper researches the expected value of the right of habitation.In view of the dual attributes of the right of habitation,the right of habitation should have both social value and investment value.That is social value that able to protect the housing problem of vulnerable groups and investment value that can meet the diverse needs of property utilization.In addition,as a usufruct right,the right of habitation should be able to alleviate the rigidity of the legal principle of real rights.Thirdly,the paper examines the deficiencies of the right of habitation norms.The mainly appears are that the definition of the subject and object of the right of habitation is ambiguous,the change regulation of the right of habitation is incomplete,the rights and obligations of the holder are not clear and the right of habitation is heavily influenced by the nature of human servitude.That not pays attention to the role of real right,resulting in limiting the scope and function of the right of habitation.Finally,the paper puts forward suggestions for improvement the right of habitation norms by examining the relevant provisions of the comparative law,taking the nature and value function of the right of habitation as the starting point and destination and combining actual needs of our country.Specifically,the scope of the right of habitation of the subject and object should be clear;improve the rules for changing the right of habitation,supplement the method of establishment of the right of habitation and the reason for its extinction;the dual-attribute system of the right of habitation should be constructed,social right of habitation and investment right of habitation should be coexisted;the rights and obligations of the holder of the right of habitation should be cleared.Laws should serve the reality and legislators should actively solve problems so that make the law can advance with the times.Therefore,it is possible to further improve and refine the norms of right of habitation through legal interpretation and other means to take full advantage of its value,resolve difficulties in practice in time. |
