On The Residence Right System In My "Civil Code"

Since the Fifth Session of the National People’s Congress in 2007,it was decided to delete the part of the right of residence in the "Property Law".In 2018,when my country revised the "Civil Code(Draft)",the content of the right of residence was included.11 years later,the right of residence was restored.In the code.Before the "Civil Code" was formally promulgated,cases related to the residency system were common in my country’s judicial practice.However,in trials,most judges judged these cases in accordance with legal principles,simply because they lacked clarity and specificity.Legal requirements.Therefore,the theoretical analysis and research on the housing right system and the interpretation of the housing right system stipulated in my country’s "Civil Code" are of great significance to the improvement of my country’s legal system.Even the existing system has advantages and disadvantages,but the re-amendment of the right of residence into the "Civil Code" has more advantages than disadvantages.It also conforms to my country’s national conditions and social development,and effectively guarantees the people’s most fundamental housing rights.At the beginning of this paper,it mainly analyzes the current research status,research background and significance of this topic at home and abroad,studies the differences of different arguments of scholars at home and abroad,combines and innovates.The second part is an overview.The right of habitation belongs to the specific obligee.It is the right to meet the basic housing needs of the specific obligee against the owner of the house.Through the analysis of articles 366-371 of the civil code concerning the subject and object,establishment and elimination,and the rules of exercise of the right of abode,the author puts forward three controversial issues: the unclear definition of the subject and object of the right of abode,the imperfection of the provisions on the establishment mode of the right of abode,and the irrationality of the provisions on the right of the right of abode,And in the following one of them are analyzed and demonstrated.First of all,the subject and object of the right of habitation should be defined.Whether the subject part should include legal person and other organizations except natural person,and whether the object part should cover the part of the whole house,the author shows his different views in this paper.The civil code of our country limits its subject to natural person,but the author thinks that the subject of the right of habitation should include legal person besides natural person,in addition,other family members of the right of habitation can also enjoy the right of habitation;The object scope of the right of habitation should not include the owner’s own house,but a part of the house and its ancillary facilities can become the object scope of the right of habitation.The second is the imperfection of the establishment mode of the right of abode.The civil code of our country only provides the registration and effective mode when the right of abode is established by contract,but it does not provide what kind of establishment mode should be applied when the right of abode is established by will.The author thinks that "Declaration Registration" should be applied to the establishment of the right of residence by will,that is,as long as the decedent dies,the testamentary successor will obtain the right of residence,but without registration,it can not fight against the bona fide third party.In addition,the author also makes a simple discussion on the issue of whether the right of residence can establish the notice registration.Since the right attribute of the right of residence is real right,the provisions of article 221 of the civil code should also be applied.Considering the smooth realization of the right of residence in the future,the author thinks that the right of residence can apply for the notice registration.Finally,the unreasonable provisions of the right of habitation.The author thinks that the provisions of the civil code prohibiting the right of habitation to transfer houses are too absolute.With the development of society in the future,the application space of the investment right of habitation is more and more extensive.Therefore,in order to expand the scope of application of the right of habitation and renew its vitality,the right of habitation to transfer houses should be allowed under certain conditions.In addition,the author thinks that the right to lease of the right to reside should be treated differently according to the types of the right to reside.For example,the right to secure residence can not be leased in principle,except for the parties’ other agreements,while the principle of investment residence can be leased.Through the explanation of the existing system of the right of residence and analysis of the shortcomings in the existing system,the author puts forward some suggestions for improvement,hoping to contribute my meager contribution to the improvement of the system of the right of residence in our country.