| Based on the development of the times,the Civil Code responds to the needs of the times for housing and provides for the right of habitation system.Focusing on the normative content of habitation rights,this article is mainly divided into the following four parts to expand:The first part discusses the background and significance of the right of habitation.The right of habitation is based on the need for housing and deepening the reform of the housing system,providing a new type of housing protection system.The right of habitation is of great significance to improve the usufructuary system,optimize the current housing protection system,and guide the judgment of disputes over the right of habitation.The second part focuses on the interpretation and application of the provisions of the subject and object of the right of habitation.Starting from the normative intent of the right of habitation,discuss the subject and object of the right of habitation.It is unclear whether the co-resident is the holder of the right of habitation,legal persons and unincorporated organizations,and whether the owner can be the holder of the right of habitation.The object of the right of habitation is the habitation of others,but there are many types of habitations,and whether all habitations can be established with the right of habitation also needs to be clarified.This article proposes that the co-resident is not the holder of the right of habitation,but the holder of the right of habitation can accept their family members and unmarried partners,domestic service personnel,and future spouses and children to live together;legal persons and unincorporated organizations can be residents with the right of habitation.The owner can also establish the right of habitation for himself.The object scope of the right of habitation extends to residential ancillary facilities and belongings,and the right of habitation can also be established on rented housing and economically affordable housing,but does not include public rental housing.The third part focuses on the interpretation and application of the rights and obligations of the parties in the legal relationship of the right of habitation.The Civil Code has clarified that the holder of the right of habitation has the right to possess,use the right,the right to collect fruits and the protection of property rights,and has the obligation not to transfer or inherit his right of habitation,but it is not clear whether the holder of the right of habitation enjoys priority purchase rights and other rights,and the rights and obligations of the person who establishes the right of habitation are also unclear.This article proposes through interpretation theory and other methods that the rights and obligations of the parties in the legal relationship of the right of habitation can be applied analogously with reference to the rights and obligations between the parties in the legal relationship of house leasing,which are mainly reflected in possession,use,income,property rights protection,right of first refusal,provide guarantees,return homes,etc.The fourth part focuses on the interpretation and application of the habitation change regulations.The Civil Code stipulates two ways to establish the right of habitation,contract and will,but it is not clear whether the bequest and effective legal documents can establish the right of habitation,and whether the bequest can apply the provisions of the will to establish the right of habitation.Regarding the extermination of the right of habitation,the Civil Code only stipulates the expiration of the right of habitation and the death of the holder of the right of habitation.There are still deficiencies in the provisions on the extinction period and the reasons for the extinction.Regarding the consequences of the elimination of the right of habitation,the Civil Code clearly stipulates that the elimination of the right of habitation requires cancellation of registration,but it lacks provisions on the legal effects after the elimination of the right of habitation.This article uses interpretative methods to supplement the specific content of the rules for the change of habitation rights.First,the right of habitation can be established through wills,bequests,and effective legal documents,and the rules for their establishment will be discussed separately.Second,through the method of systematic interpretation,it is proposed that the right ofhabitation is eliminated due to the abandonment of the right of habitation,the loss of the habitation,the mixing,and the abuse.Third,distinguish whether the habitation with right of habitation is lost or not,and propose the applicable rules for the legal effect after the disappearance of the right of habitation.If the right of habitation is not destroyed due to the loss of the habitation,it will have legal effects such as returning to the original property and restoring the original state;where the right of habitation is lost due to the loss of the habitation,respectively explore four situations of house destruction due to force majeure,expropriation and expropriation,the act of the person who establishes the right of habitation,the behavior of a third person,and the personal behavior of the owner of the right of habitation,and propose different applicable rules. |
