The Understanding And Application Of The Residency System In The Civil Code

The inclusion of the right of residence in the code is a major breakthrough in our country’s property rights legislation.The Civil Code stipulates the system of the right of residence in the fourteenth chapter of the Civil Code,including the definition,establishment,transfer,and elimination of the right of residence.It is of great practical significance and provides legal protection for meeting the housing needs of specific groups.However,in the design of specific norms,the Civil Code focuses more on the principled rules and guidelines for the right of residence system,which appears to be more general.It is necessary to supplement and improve the specific rules of the right of residence system in terms of interpretation,and it is the application of law,in order to provide clear and accurate legal guidance.This article mainly contains the following three parts:The first part is the analysis of the institutional value of the right of residence.Start with the meaning and characteristics of the right of residence,briefly explain the basic concept of the right of residence,clearly recognize the nature of the right of residence in our country’s legislation,and compare the right of residence with the right to rent,and then reflect the right of the right of residence.The unique value of people’s more stable and effective property rights protection.Secondly,from the perspective of my country’s judicial practice and actual needs,it discusses the applicable value of the residence right system in my country’s social practice,expounding that the right of residence meets the housing needs of the divorced party,solves the problem of remarriage of the elderly,and protects parents and children.The housing rights of parents in joint-venture purchases,provide institutional support for housing pensions,and improve the applicable value in the existing housing security system.The second part compares the provisions of our country’s right of residence system in different legislative stages and the mature experience of some foreign legislation on the right of residence system to reflect on the shortcomings of the relevant norms of the right of residence system in my country’s current Civil Code.By comparing the draft of the property rights in the process of codification of the Civil Code with the existing Civil Code,the system and norms of the right of residence in the Civil Code show that the Civil Code has not responded to some substantive and controversial issues of the right of residence while it has been further improved.Point out that the existing system of abode rights in the subject and object of the right of residence,rights and obligations,methods of establishment and extermination of the relevant norms of the deficiencies,it is difficult to meet the needs of the times,easy to lead to legal difficulties;and then traced back to the right of residence in the draft property law The mature experience in the system and comparative law is expected to provide a reference for further understanding and application of the relevant provisions of the residency system.The third part proposes its own understanding and interpretation path selection for the controversial concepts in the expression of the relevant provisions of the right of residence system and the unclear rules,and uses the method of legal interpretation to link the theory of right of residence with practical needs,and reduce the possibility of occurrence in the application of law.Disputes in order to give full play to the institutional value of residency rights.It is mainly embodied in the literal interpretation of the subject of the right of residence,thinking that it is appropriate to limit the holder of the right of residence as a natural person,but in the contract of the right of residence,the establishment of the right of residence,that is,the owner of the residence,is not limited to natural persons,and can be a legal person or an organization,Regarding whether or not to allow others to live with the holder of the right of residence,in principle,it should be based on the agreement of the parties,and if necessary,the judge will be at the discretion of the judge based on the actual situation of the specific case;the object of the right of residence shall be appropriately expanded and explained,and the owner may refer to a part of the residence.The establishment of the right of residence,but the "residential" is limited to houses exclusively for residence but not of a business nature,and business houses with residential functions are excluded;the method of establishing the right of residence is expanded to allow the courts to comply with specific conditions The judgment establishes the right of residence;as for the norms for the elimination of the right of residence,the Civil Code only provides for two reasons,ignoring a large number of situations in judicial practice.It is advisable to use system interpretation and analogy interpretation methods to eliminate other situations that may lead to the elimination of rights.Include the reasons for the elimination of the right of residence;the rights and obligations of the holder of the right of residence are appropriately analogized to the norms of the tenant in the house lease.At the same time,according to the special nature of the right of residence,the legal rights of the holder of the right of abode shall be taken into account,and the holder of the right of residence and the establishment of the right of residence The balance of interests among people avoids disputes over rights and interests in the process of long-term exclusive possession and use of other people’s houses.