Research On The Right Of Habitation In China

The right of habitation,derived from Roman Law,constitutes the system of personal servitude together with the right to use and usufruct.At the very beginning,the aim of the right of habitation was to ensure weak people’s right to live and reside,which is characterized of exclusiveness,termination and inalienability.Then,countries where civil law was applied in inherited and developed this system,which was fully applied in the field of marriage and family.And,by modifying this system,the right of habitation was applied in more fields.Today,China is in the stage of making Civil Code.From the perspective of people demand,judicial practice and legislative improvement,it is be of great significance to include the right of habitation in it.At present,the Property Volume in the Civil Code has regulated the general provisions of the right of habitation in the view of concept,establishment,requirements for effectiveness,restrictions for exercising and reasons for terminating.However,there are still some defects like no specific regulations,strict restrictions and narrow application areas.Therefore,the author put forward some suggestions on how to improve the regulations of the right of habitation in the Property Volume in the Civil Code by learning foreign regulations and domestic experiences.It is expected that the right of habitation in our country can be regulated in an open approach which takes the different needs of protecting the weak and utilizing general property into consideration.As a result,we can build the system of the right of habitation with Chinese characteristics which comprehensively integrates strict protection with frequent circulation.In other words,the right of habitation in China can realize the aim of guarantee and investment at the same time.