Study On The Legal Aspects Of The Right Of Residence In The Context Of The Civil Code

The right of abode was first provided for in Roman law,and the system of the right of abode was first formally provided for in China in the Civil Code of the People’s Republic of China(hereinafter referred to as the Civil Code),which was promulgated in 2020.As an independent usufruct right,the right of residence was established to safeguard the housing needs of vulnerable groups.Nowadays,there are more and more housing conflicts in our society,and it is no longer possible to satisfy people’s housing needs by merely signing a lease contract,etc.The establishment of the right of abode system plays an important role,and the right of abode will be widely used in the future.However,the legal provisions on the right to housing in China are too general,and in order to better achieve the purpose of the legislation,some provisions on the right to housing need to be further discussed.In this article,firstly,the theoretical concept of the right of residence is reasonably identified,and then by analyzing cases in practice and theories within the academia,it is found that the right of residence in China mainly has the following problems: firstly,the right of residence in China is relatively single in terms of the way it is established,with only two ways of contract and will being provided for,which will not be conducive to protecting the housing needs of vulnerable groups;secondly,the scope of the subject and object of the right of residence is not clear,which will not be conducive to Thirdly,the rights and obligations of the right of residence are not specified,but only the right of possession and the right of use of the right of residence;fourthly,when the right of residence and other rights exist on the same dwelling at the same time,it is impossible to determine the order of legal protection,which will not be conducive to the resolution of disputes;fifthly,the right of residence is restricted,which is not conducive to the function of the right of residence.By analysing the above problems,this article proposes reasonable countermeasures to improve the right of residence,combining cases in practice and theories within the academy,namely,broadening the ways of establishing the right of residence,which can increase the ways of establishing statutory and adjudicated rights of residence;reasonably explaining the scope of the subject and object of the right of residence;improving the rights and obligations of the right of residence holders;clarifying the protection measures of the law when the right of residence and other rights exist at the same time;exploring the investment nature of the right of residence as a means to give full play to the function of the right of residence.