On The Conflict And Settlement Between The Right Of Habitation And Other Rights

The establishment of the right of habitation promotes the solution of the relevant problems in the judicial practice of our country.However,in the Civil Code,the design of the items related to the right of habitation is concise and most of them are on the level of norm system.As a result,there are still some problems in the court and it is difficult to achieve its purpose.When search the relevant cases of the right of habitation,I find that there is no relevant law to clarify the order of the conflicts between the right of habitation and other rights.Therefore,based on the development of the right of habitation in our country,I analyze the reasons of the conflicts between the right of habitation and other rights.I’d like to propose some resolutions by contrasting the conflicts between the right of habitation and creditor’s rights,and the conflicts between the right of habitation and property rights.The first part briefly summarizes the development of the right of habitation in our country and probes into the reasons of the conflict between the right of habitation and other rights.I discuss the reasons of the conflict between the right of habitation and other rights from four aspects: the limitation of resources,the opposition of legal interests,the lag of law,and the enhancement of people’s right consciousness.Only understanding the causes of conflict,can we put our views on the conflicts between rights according to the relevant laws,regulations and legal principles.In the second part,I analyze and summarize the cases of the conflicts between the right of habitation and other rights by consulting the Chinese Judicial Documents Network.So as to clarify the conflicts between the right of habitation and other rights,we should obey some of the legal principles commonly used by judges in dealing with conflicts,including the principle of publicity and public trust,the principle of prior rights and the principle of public order and good customs.Finally,I analyze and summarize the cases of the conflicts through the theoretical analysis and case induction respectively from the right of habitation and creditor’s rights,the right of habitation and other aspects of the real right.So that I can make my own suggestions.It is expected to provide meager intellectual support for the application of the right of habitation in the Civil Code of our country.