| The right-of-abode system was originally intended to address the security of life of family members and the liberated slave base.Not only many countries of the civil law system inherited this system,the common law system countries also inherited this system.However,these countries have made corresponding changes to the system because of the different situations of their respective countries.The promulgation of the Civil Code of our country has brought the system of the right of habitation into our vision.As a new type of real right,the system will be beneficial to the protection of the weak and will improve the judicial disorder of the trial of the right of habitation in our country,at the same time,for our country to achieve the maximum value of housing also has an important role.This paper is mainly divided into six parts:The first part is the introduction part,from the right to live in the background,significance,domestic and international research status of three angles to discuss.In the study of the status quo,discussed the views of domestic scholars and scholars for the system of theoretical differences.The second part first introduces the concept of the right of habitation,which leads to the characteristics of the system,then discusses the origin of the system,and finally,the "Civil Code" on the right of habitation provisions are introduced.This paper discusses the characteristics of real right of residence from three aspects: property,personal nature and gratuitous nature.In the source,it combs the development law from ancient times to the present,mainly divides into three stages,respectively is the germination stage,the formation stage as well as obtains the housing right generation the important development stage.Finally,discusses the right of residence in China’s "Civil Code" provisions.The third part mainly discusses the legislative value of setting up the system of the right of habitation in our country,from the two aspects of theoretical value and practical value,theoretically speaking,while perfecting the system of real right in our country,it is also the first time to introduce the concept of personal servitude and realize the theoretical innovation.In terms of practical value,it guarantees the living interests of surviving spouses,provides support to the housing pension system,alleviates the housing pressure in our country,and enriches the forms of property utilization.From the theoretical and practical point of view,the right of residence into the pawn is of great significance.The fourth part introduces the Civil Law System and the common law system countries for the right of residence legislation.The difference between the two legal systems is that the right of abode in the civil law system is embodied in the field of real right,while the right of abode in the common law system is mainly embodied in the field of family.The fifth part is mainly from the subject,the object,the content,the establishment four aspects,discusses in the present "Civil Code" the right of habitation system stipulation also has what insufficiency place.Because the existing system of the right of habitation tends to the social right of habitation,it inevitably causes the neglect of the investment right of habitation,and the existence of this situation also causes the transfer and inheritance of the right of habitation.In addition,in our country,has not yet involved in the legal right of residence,the rights and obligations of the right of residence are not regulated,in the establishment of a relatively single way,may not be able to meet the needs of reality.The sixth part of the Civil Code of the right to live in the system to supplement and improve the proposed targeted recommendations.Based on the analysis of the deficiencies of the current system of the right of habitation in Chapter five,this paper proposes to add two other ways of establishing the right of habitation,statutory and adjudication,it also allows the person who has the right of residence to live together with the persons who need to live together with him.In addition,it makes recommendations regarding the clarification of the rights and obligations of the person who has the right of residence during the period of residence. |
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