Study On The Application Of Law Of Right Of Habitation

Residency at first is a type of property rights of continental law system,then used by countries,in China’s judicial practice also already exist many cases of "right" in China,under the social basis and the demand of our country in civil code property rights make usufructuary right points established the residency system,at present China’s social housing problem put forward a new solution,It is conducive to guaranteeing the housing interests of special groups.The current civil code has carried on the simplification to residency,conceptualization,the principle of regulation,the lack of more specific and detailed rules,and no reference about related judicial interpretation,residency applicable law in the future only on the basis of existing residency legal norms cannot cope with the complex and changeable social environment,therefore,we still need to complement the residency system perfect.Through reading relevant literature on residence right,sorting out relevant academic achievements,and studying the theories of residence right at home and abroad,this paper takes some problems existing in the application process of residence right law as the research object,and puts forward corresponding suggestions for improvement through analysis.The first part studies the origin and development of the residence right system in China by analyzing relevant documents of residence right.It first discusses the value origin of residence right in China,then studies the development of residence right in China,and then analyzes the positioning of residence right as a usufructuary right system in China.Finally,it discusses the different views of Chinese scholars on the establishment of the right of residence and the exercise of authority.The second part,through the interpretation right in our country judicial cases judge the eyes of the residency system,some judges think even residency unregistered can confirm the right holder shall enjoy the rights and some judges think can to solve the problem of supporting admitted that the old man enjoys the residency,the elimination of exist some judges think residency rules of law for the two kinds of situations.The third part of our country residence in the law applicable to the plight of the analysis,pointed out that the current residency law is too simple and problems legislative blank in some places,for example,the right to set up the way,will set up residency effect,residency and power,the relief for homeowners rights,residency,and such problems as how to coordinate when concurrence of other rights.The fourth part puts forward some Suggestions for the front of the proposed problems,for example,increase the residency established legal way,clear will establish residency,expand the power of residency add residency wiped out for at the same time give all people to withdraw,the right of rescission,the expansion of ownership return channels,increase the relief way owner,Complement and perfect the balance rules when the right of habitation and other rights concur.