Research On The Nature And Legal Application Of The Right Of Residence

The Civil Code of the People’s Republic of China,which came into force on 1 January 2021,establishes the right of residence system in the form of a law,which is a milestone in guaranteeing the people’s "home ownership" and a new development of the type of usufruct in China’s civil law system,adding a new way to meet the people’s diversified asset allocation requirements.It has added a new way to meet the diversified asset allocation requirements of the people.Although the right of abode system has been established and implemented,the six articles on the right of abode in the property section of the Civil Code focus more on the principles of the right of abode system from the perspective of institutional design,and the content is relatively general and not very operable.The first part of this paper is mainly through specific cases,To analyze and demonstrate the problems faced by the right of residence system before and after the implementation of the Civil Code in China,to summarize the controversial focus of the case,raise the problems to be studied in this paper.This article contains the following five main parts:The first part mainly analyzes and discusses the differences in judicial decisions involving disputes over the right of abode after the implementation of China’s Civil Code through specific cases,summarizes the focus of controversy in the cases,and puts forward the issues to be studied in this paper.The second part mainly analyses the basic theory of the right of abode,elaborates on the legislative purpose and practical significance of establishing the right of abode in China,delves into the value and functional positioning of the right of abode system in judicial practice,and provides reference for the judgment of the legislative purpose in handling disputes over the right of abode.The third part analyses the composition of the legal relationship of the right of abode system,examines the subject,object,legal effects and causes of extinction of the right of abode,and clarifies the scope of the boundaries of the legal elements of the right of abode and the relationship between rights and obligations.The fourth part focuses on the legal application of the right of residence established by contract and the right of residence established by will,analysing the legal elements,discussing the freedom and restrictions of the parties to the contract,the subject matter of the contract and the content of the contract,as well as the conflict and coordination between the right of residence and other rights,and exploring the legal application of the right of residence.The fifth part focuses on the problems and limitations of the right of abode in judicial practice,reflects on the problems and shortcomings of the legal provisions related to the right of abode system in the current Civil Code of China,and proposes suggestions for further improvement and optimisation of the right of abode system.