Study On The Applicable Rules Of Residence Right System

As a usufructuary right newly added to the Civil Code,the right of residence is of great significance to meet the housing needs of specific groups and make people live in its own way.By analyzing the relevant judicial cases of residence right disputes and the legislation of residence right in China,this paper investigates the current judicial practice of residence right disputes in China by means of historical methods,comparative methods and social jurisprudence,probes into the application of residence right system in Chinese practice,and studies the internal attributes,external functions and institutional values of residence right.Combined with the relevant provisions of the Civil Code and the adjudication cases,the application problems of the residence right system mainly include:the type and scope of the identification of the residents are not clear;The registration system of residence right is not perfect;When the right of residence conflicts with other rights,there are still some problems such as unclear sequence,and the application of the right of residence system to judicial practice still has obstacles.At the beginning of the establishment of residence right system in the Civil Code,some problems gradually appear in the application process.Combined with the causes of the problems,it can be concluded that although the current Civil Code has provisions on the residence right system,it is relatively principled and lacks practical operation.Moreover,the applicable scope of relevant laws and regulations for the right of residence is relatively narrow,and the function of the right of residence system to ensure the stability of marriage and family relations and the survival of its members is limited.Considering the functions of the residence right system,including protecting special vulnerable groups’ housing needs,developing the multi-level housing security system,diversifying the ways of using the residence,and expressing emotions to commemorate the deceased,aiming at the problems existing in the application of the residence right system,the author proposes that the residents can accept their family members and those who provide necessary services to live together.In addition,the registration system of residence right should be perfected,and the method of substance examination and form examination should be established.When there is a conflict between the right of residence and the right of mortgage,the person with the right of residence can be endowed with the right of preemption when the mortgage is realized.When there is a conflict between the right of residence and the creditor’s right,the relevant provisions of the real right compilation and the contract compilation can be integrated.The fulfillment of the obligation is the guarantee of the exercise of the right,and the occupant should also perform the obligations of maintenance,storage and reasonable management of the house.