The Interpretive Construction Of The Right Of Residence In Civil Judgment

At present,China’s Civil Code only stipulates the intended right of residence,which is contrary to the fundamental purpose of the right of residence to protect the residential rights and interests of vulnerable groups.China has entered the post-Civil Code era,so how to better apply the system of residence is of great practical significance to discuss and explore the system from the perspective of interpretation.In recent years,more and more judgement have been made about the establishment of residence right in judicial practice.Therefore,the author believes that it is necessary to flexibly apply the law from the perspective of interpretation,recognize the judges to establish residence right in the process of judicial judgment,broaden its scope of application as far as possible without breaking through the legislative framework,and analyze the three basic problems of the establishment of residence right in judgment.Starting with the constituent elements of the right of residence in judgment,this paper analyzes and studies the effect of the change of real right and the validity of the conflict between the right of residence in judgment and other rights.From the perspective of judicial adjudication,this paper analyzes the constituent elements of the decision to establish the right of residence,which are respectively limited to family dispute cases,the fact that the person with the right of residence and the owner must have a specific identity relationship,the fact that the person with the right of residence occupies the house for a long time,and the necessity of the decision to establish the right of residence.Only after meeting all the above requirements can the right of residence be established.Based on the above,then the author will focus on the effect of the change of real right,and determine that the decision to establish the right of residence must strictly abide by the mandatory judgment and adopt the registration antagonism.Finally,the author analyzes and studies the conflict of the right of residence by means of categorical discussion,and believes that the judge must adopt a prudent judgment attitude and seek the balance of interest protection in judicial adjudication.