On The Application Of The Right Of Residence System In The Civil Code

The dwelling right system originated from the Roman law.The original intention of establishing this system was to protect the dwelling rights and interests of the vulnerable members of the family,so the dwelling right has strong personal dependence.With the changes of social development,the personal servility of the dwelling right has gradually weakened,and the profitability has been strengthened.Its function has also evolved from the protection of the housing rights of the disadvantaged groups to the diversification of housing utilization and the creation of economic value.The trend of the development of social right of residence to the investment right of residence is very obvious.In order to implement the national policy of protecting people’s residence rights and interests and ensuring people’s housing,the Civil Code of our country stipulates the system of residence right.After stipulated into the Civil Code,the residence right system can not only play a role in the traditional field,but also in the new field.However,there are still many unreasonableness in the current system of residence right,which restricts the function of the system of residence right.Therefore,it should be improved to give full play to the maximum effect of right of habitation in China.In addition to the introduction and conclusion,this paper includes three chapters.The first chapter briefly introduces the provisions of the right of residence in the Civil Code of our country,including the legislative background,the debate on establishing the dwelling right system,the concept,the value orientation and the characteristics,which lays the theoretical foundation for the follow-up research of the article.Based on this,this chapter also discussed the significance of the residence right system in China after it is stipulated into the Civil Code from the current national conditions of our country.In the new era,the significance of establishing the right of residence system mainly includes:to solve the housing problems of specific subjects,such as the elderly,the vulnerable party in divorce,the middle-low income community;improve the existing legal system;realize the diversified use of houses.The second chapter mainly studies the problems of the dwelling right system in the Civil Code of our country.Although the right of residence has been stipulated,the right of residence mainly reflects its rescue function,but neglects or seldom reflects its income function or income value.In order to give full play to the effectiveness of the system of right of residence,it is necessary to perfect it.In addition,there are other problems in the system of residence right in China,such as the lack of legal right of residence,the unknown scope of beneficiaries and the single cause of elimination,which should be solved accordingly.According to the problems raised in the second chapter,combined with the excellent experience of foreign legislation,the third chapter puts forward some suggestions to solve the problems:in order to perfect the right of residence system,we should clarify the scope of beneficiaries;increase the way of establishing the legal right of residence,balance the principle of autonomy and the legal right of residence,and clarify the specific application of the legal right of residence;in order to make this system work the way it is supposed to,we should break through the limitation of servitude,add the investment right of residence to maximize the utility of this system;finally,we should perfect the provisions on the reasons for the elimination of right of abode,including the provisions on general reasons and special reasons.