Research On The Way Of Establishing The Right Of Residence

In The Civil Code of China,the right of habitation is defined as a kind of usufructuary right for the first time,which ends the situation that a large number of disputes involving housing rights and interests cannot be based on in judicial practice,marking the arrival of the era of the right of habitation in China.However,by April 2022,about 2,030 papers on relevant topics could be retrieved on CNKI using the keyword "residence right",while only76 papers related to the establishment method of residence right were found,accounting for only 3.7%.It can be seen that there is a lack of research on the establishment of residence rights in China’s civil law.At present,the Civil Code only provides general provisions on the voluntary establishment of the right of residence,which obviously has limitations in the face of China’s complex national conditions.Article 366 to Article 370 of China’s Civil Code stipulates the relevant content of establishing residence right by contract.In addition to establishing the right of residence by contract,article 371 also stipulates the establishment of the right of residence by will,which together constitute the main content of China’s intended right of residence.However,due to the general nature of the six norms,the accuracy of the law will be lost to a certain extent,resulting in difficulties in the application of the right of residence.As the specific rules for the establishment of the right of residence are not clear,there is a lack of relevant normative guidance in the case of disputes other than those agreed by both parties in the contract.The establishment of the will of residence right is not clear about the relevant registration rules,which is easy to cause a lot of disputes in the judicial application process.It is too simple to stipulate the establishment mode of obtaining the right of residence in a predetermined way,which cannot completely meet the legislative purpose of "living in a certain place".Therefore,on the basis of understanding the inherent meaning of the right of habitation,the author summarizes the types of the establishment of the right of habitation and considers the system construction of the establishment of the right of habitation in China.In terms of the specific applicable rules of the establishment of the right of habitation contract,the relevant provisions of the lease contract should be applied by analogy,so as to improve the general rules of the paid establishment of the right of habitation.Perfect the registration system of establishing the right of residence by will and distinguish the effective mode of establishing the right of residence by will and bequest;This paper discusses the necessity of establishing legal right of residence and how to construct legal right of residence.Explore the legitimacy of adjudication of right of residence,so as to perfect the system of residence rights in our country.