A Study On The Legal System Of The Right Of Habitation From The Perspective Of Marriage Law

The right of habitation is the right of servitude,which is the right set and enjoyed for the benefit of a particular person.The construction of the legal system on the right of habitation has been discussed for nearly 30 years in the academic circles of our country.The rights set out primarily for the needs of the family or husband and wife seem to have finally come to fruition,but scholars still disagree.From the view of the function and value of the right of habitation,it is beneficial to play its greatest role in the law of real right,and it also accords with the realistic demand of the current social development.However,from the origin of the right to live,it stands from beginning to end.It is sufficient to resolve the disputes of residence rights arising from the rights and obligations of the civil subjects with special status relationship,that is,the relationship between the family members.The draft Civil Code recognizes the property of the right of habitation and provides the basic legal basis for resolving the dispute of the right of habitation in judicial practice.However,the draft Civil Code only gives the embryonic form of the right of habitation,and it does not completely depict the connotation of the right of habitation.How to protect the rights and interests of residence under the angle of marriage law should have the right to speak.Based on the central topic of the residence right system of the marriage law in our country,this paper first analyzes the marriage residence right in the judicature through the statistical data Secondly,by emphasizing that the right of habitation has its unique value and the basis of system construction,it proves that the system of right of habitation has its necessity and possibility in the marriage law.Finally,it puts forward the basic idea of the system of right of habitation,that is,to keep the law of real right in the system and make up the defects of the right of habitation in the marriage law by making special provisions and supporting settings.The idea,the setting way,the value choice and so on aspect analyzes the marriage residence right concrete content.