| The dwelling right is a kind of property right that one can possess; use and gain from other's house for the purpose of reside or invest. After the evolution of thousands of years, the dwelling right system, which established from Roman law, plays an important role in family security and the investment function.The dwelling right system can be analysis from both static and dynamic perspective. Analysis from static angle, the legal relationship including subject, object and contents. Subject refers to the people enjoy the right, one can only to exercise their rights on all the house of others, does not include the relevant beneficiary, legal persons can also become the main residence; residence is generally the object of all the houses of others, and does not include the leasing house and part of the house. Authority and housing; right person in the enjoyment of the right to use the right repair at the same time with the proceeds also has the right to reasonable use and management of house and the obligations of returning house. Analysis from dynamic angle, the dwelling right includes the generation, change and eradication. The generation of the right can be in accordance with the law, legal act or arising; In addition to a desired change in the transfer, the transfer should also include succession; the elimination of dwelling right includes the eradication of subject, the eradication of object and so on.The dwelling right system in China is not entirely. The reason for missing from "Property Law" can be attributed to two aspects of social and legal, judicial practice is also calling for legislation. Learn from foreign advanced system on the dwelling right, combination with the experience of legislature condition, adopted the "Marriage Law" and other special law, establish the dwelling right in the field of marriage and family, when China's Civil Law is established in the future, the dwelling right should be a independence kind of property right. |
