| Accompanied by the critical period of compiling the Civil Code of PRC, establishing the "Law of Jur in Rem" system is of great importance as well as a focus laid by people from all circles of the society. The habitatio system, established in the Draft of Law of Jur in Rem, is totally new since it has never appeared before in our nation's civil law system. Therefore, as for the value and significance there is a long-lasting debate in the scholars' circle. The author of this dissertation argues for the establishment of habitatio system in our nation with ample evidence to illustrate its practical significance. With the expectation of a complete and precise analysis of the habitatio system, this dissertation is divided into three parts to illustrate the significance. Firstly, the author introduces the summarize of habitatio system, and prounds the concept and features of habitatio. Secondly, the author tries to explore the definition and characteristic of habitatio and to differentiate it from the similar rights as lease rights and pawn rights, focusing on the necessity of habitatio system. Thirdly and in the core part, the author dedicate to establish a rational habitatio system ranging from the procuration, termination and classification of the rights to the effectiveness of the right. Forthly, the author prounds the exist sence of habitatio and provides some legal suggestion beneficial to overcoming the deficiency and shortcoming of the Draft of Law of Property law. The last but not the least, the author reaches her own conclusion. |
