Research On The Right Of Residence System

The right of residence is the right to possess and use other people’s houses and ancillary facilities and equipment acquired by the owner of the right of residence through contracts,wills or bequests,and direct provisions of law.The right of residence belongs to the usufructuary right,which has the general attributes of the exclusiveness of the real right.As a real right,the right of residence can ensure that the rights of the right of residence are protected from the infringement of the new owner,and at the same time,it has personal exclusivity.Although there are many similarities between the right of residence and the right to rent,the right of residence is different from the right to rent.There are obvious differences between the two in the nature of the right,the subject of the right,the purpose of the establishment of the rights,the validity of the rights,the time limit of rights,consideration of rights and the reasons for the elimination of rights.According to the way of establishing the right of residence,the right of residence can be divided into two types: the legal right of residence and the voluntary right of residence.Base on that social function of the right of residence,residence right can be divided into social residence right and investment residence right.Article 369 of the Civil Code of China clearly stipulates the right of social residence,but it does not explicitly prohibit the right of investment residence.With the development of society,people’s demand for the right of residence will break through the restriction of the function of life security,and the investment attribute of the right of residence system will become more prominent.The supporting system will also be more perfect,therefore,the right of investment residence is the need of the development of market economy.The subject of residence right should be determined according to different types of residence right.For social residence right,the subject of right can only be a natural person.In addition to natural persons,legal persons and unincorporated organizations can also be the subject of the right of residence for investment.The object of the right of residence is "other people’s residence","other people’s residence" should meet the basic requirements of residential needs,and its scope extends to other ancillary facilities of residential buildings,excluding non-residential buildings such as office buildings for office use and production buildings for production.The system of residence right has opened up a new path for China’s housing security system.It fills in the gaps in legislation and has positive significance,but there are still shortcomings.By increasing the legal right of residence,we can better protect the residential rights and interests of divorced women,surviving spouses,widowed elderly,minors and other vulnerable groups.Expanding the right of residence for investment to meet the growing investment needs of the people;To specify and clarify the rights and obligations of the right of residence and the owner;It clearly stipulates the reasons for the elimination of the right of residence,such as the loss or expropriation of the house as the object and the concurrence of the right of residence and ownership,so as to facilitate the judicial application of the system of right of residence and provide specific legal provisions for resolving disputes over right of residence.