Study On Right Of Dwelling

Right of dwelling is introduced into the continental European civil codes as a ancient system. This article will tend to analyze and illustrate right of dwelling from various perspectives and hope to arouse the public attention to this theory, which push the constructing of right of dwelling in China.This article is compared of six parts:Part one:Introduction. The right of dwelling is prescribed in Roman law and civil code of Civil Law Country and Anglo-American Law System, however, the system isn't established in our country, and the theory of right of dwelling should be researched further. This article tries to exertive the function though research of right of dwelling which pushes the constructing of right of dwelling quickly.Part two:Origin of right of dwelling. The right of dwelling appeared in ancient Rome at the earliest stage as a right of living in the house of others, and right of dwelling, usufruct and right of use are prescribed in personal servitude at the base of the system including personal servitude and easement.Part three:Succession of right of dwelling in Civil Law Country and Anglo-American Law System Country. The author introduces legislative framework of Civil Law Country and Anglo-American Law System, which has supplied the analysis materials for the legislation of Chinese jus rerem.Part four:The necessity and feasibility of constructing of right of dwelling. The establishment of the right of dwelling is indispensable from the points of view of protecting the weaker groups, perfecting jus rerem and the compare of right of dwelling with lease, right of borrowing , pawning right and superficies and so on. The author also analyzes the feasibility.Part five:The conceivable suggestion of constructing of right of dwelling in China. The author emphasizes the definition of the right of dwelling of several...