Study On Habitatio System

Habitatio is an old system which originates from the Roman Law and is inherited by most continental law countries. Many common law counties make rule to protect the habitatio in divorce cases. But the Japanese civil code and the area of Taiwan civil code have not the system of habitatio. As a law system, habitatio is strange for us though there are many facts in our country that people use other's houses for dwelling. Habitatio has been introduced into"the Draft of Property Law of the People's Republic of China"which brings great discusses in the academic circles. But the Property Law newly published has no rules of habitatio. Habitatio should have its own value for it is unfailing in so many counties'civil system. The special humanistic spirit, relief function and other various functions in the new situation of habitatio demonstrate the legislation value. In our future civil code, we should establish habitatio system.The thesis is comprised of six parts:Part one: Introduction. This part gives a simple introduction of the social background of the thesis.Part two: Origin and development of habitatio. This part firstly reviews the origin and development of habitatio, and analyses it from the angles of cause and special function. Then focusing on the typical countries of two law systems, the part introduces the succession and different development of habitatio in these counties. It make a research of the habitatio rules by contrast in order to explore the modern value of habitatio and provide the useful materials for our habitatio legislation by learning the foreign advanced legislative experience.Part three: The basic theories of habitatio. This part firstly defines the concept of habitatio and differentiates it from the similar rights in our existing legal system. After this, Habitatio has a clear framework. Then it studies the value of traditional relieved habitatio and new invested habitatio using the method of value analysis. All above is to stress the significance of habitatio nowadays.Part four: The necessity of habitatio legislation. This part analyses the necessity of habitatio legislation in our country from the angles of social demands and loopholes in the law using the economic and sociological methods.Part five: Legislative framework and system structure of habitatio. Basing on the foreign rules and the scholars'study results home and aboard about habitatio, from the angles of legislative framework and system structure, this part tries to establish a national and effective habitatio system through continually comparing and referring.Part six: Conclusion. This part is a summary on the whole thesis. We should establish a habitatio system which can be adjusted to the fields of marriage and family, and satisfy the demands of investment.