Study On The Way Of Establishment Of Residence Right

Residence right is a kind of right with a long history,which was born in the Roman law period.Before the Civil Code of the People’s Republic of China,the Chinese civil law legislation did not involve the right of residence,and there are a lot of disputes about the rights and interests of housing in the judicial practice,so the new system of residence right is a highlight of the Civil Code,but as a newly added system,it still has some shortcomings.The way of establishment is to the right of residence,just as water is to the fish and wind is to the bird.Therefore,this paper focuses on the way of establishment of the right of residence.There are two main problems about the establishment of the right of residence: one is to establish the right of residence by contract.The meaning of the contract and the limitation of the contract form greatly limit the right of residence system to protect the rights and interests of the vulnerable groups.There are some problems in the residence contract,such as lack of compensable norms,unclear division of rights and obligations,and unclear necessary clauses,which increase the risk of infringement of the rights and interests of the parties.The second is to establish the right of residence by will.Its registration standard is not clear,it still needs to be sorted out,and as one of the ways of establishment,the will is different from the contract in nature,effect and form,so that it faces many obstacles in the application of reference.In view of this,we should improve the above problems from three angles.First,in terms of the contract,the form of the residence contract should be adjusted,the details of the paid establishment of the residence right should be standardized,and the necessary terms of the residence contract should be clarified.Secondly,it combs out the registration standard of the right of residence in the form of wills and refines the rules of "reference and application".Third,on the basis of the existing way of establishment,the establishment of diversified right of residence,that is,the establishment of the right of residence according to the way of judgment.