A Study On The Application Of Residence Right System In Marriage

Along with the development of society,people’s life style gradually diversified,the traditional marriage thought has been constantly broken,the thought is no longer confined,therefore may also discover the recent years divorce case to emerge unceasingly,and the housing question is the most common in the marriage relationship also deserves the attention and the solution focus.Since the promulgation of the Civil Code of the People’s Republic of China(hereinafter referred to as the "Civil Code"),the "right of abode" has been established as a new and innovative element in the property rights system in the form of a legal provision and has since acquired the character of a real right.However,the current legal provisions and judicial interpretations do not retain the content of Article27 of the Law on the Application of Marriage Law of the People’s Republic of China(hereinafter referred to as the "Law on Judicial Interpretation of Marriage").In recent years,we can find that the application of the right of abode in marriage depends on the system of assistance in living difficulties,the lack of legal right of abode,the vagueness of the nature of the right of abode,the lack of rights and obligations and the absence of extermination.The first analyzes the background and significance of the topic and the present situation of the research,combs out the views and attitudes of the theoretical community on the application of the right of abode system in marriage,and formulates the research methods and key contents.Secondly,distilling this year the court applies the right of abode in the marriage relationship decision analysis path,from the distribution,the way to close the case,the determination basis and so on many dimensions;Then summarizes the key problems and causes of the above cases as samples.Finally explores the relevant provisions of the civil law system and the common-law system of the right of abode in marriage,summarizes its characteristics and makes a comparative study with the current legal system of our country.The last part is to put forward rational and perfect thinking through the above problem analysis path.