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Research On The System Of Residence Rights In The Civil Code

Posted on:2022-11-18Degree:MasterType:Thesis
Country:ChinaCandidate:L WangFull Text:PDF
GTID:2516306611495814Subject:Intellectual property management
Abstract/Summary:PDF Full Text Request
The right of residence is derived from Roman law and is a personal right.The original intention of the residency system was to protect vulnerable women and emancipated slaves who were married "without husband's rights" under the patriarchal system.Both civil law and common law countries have inherited and developed the residency system on this basis.my country's current Civil Code also clearly stipulates the right of residence system in the property rights section,which indicates that the state is paying attention to the problem of housing difficulties for special groups in society.As a newly established property right in my country,the connection between the right of residence and its related legal system is still a problem that needs to be paid attention to in practice,especially the establishment of the right of residence is relatively simple,the legal provisions supporting the right of residence system need to be improved,and the right of residence is to be improved.Issues such as the lack of comprehensive reasons for elimination still need to be resolved.Therefore,in the future judicial practice,it is possible to consider the establishment of legal and adjudication methods for the right of residence,to clarify the registration effect of the will to establish the right of residence;it is also possible to improve the legal provisions on the scope of the subject and object of the right of residence,and to increase the balance of the right of revocation.The rights and obligations of both parties;the legal reasons for the extinction of the right of residence may also be clarified from the perspective of revocation of the grantee of the right of residence,expiration of the period of the right of residence,etc.It is hoped that through the above suggestions,the functional value of my country's residency system can be better brought into play,and the people's new expectations for a better and more peaceful life can be met.
Keywords/Search Tags:Civil Code, Right of residence, Real right, Set up, eliminate
PDF Full Text Request
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