Research On Investment Habitatio Under The Framework Of《Civil Code Of The People’s Republic Of China》

Investment habitatio is not an independent concept.It comes from the concept distinguished by scholars when they divide the functions of habitatio.Habitatio provides a better way to solve the housing problems of vulnerable groups,but habitatio does not seem to be just to meet people’s basic housing needs.For a long time,people in addition to the basic housing needs,housing needs also include education,pension,vacation and other aspects of demand,whether can give full play to the right to housing in order to meet people’s diverse housing needs at the same time,has become an important issue in front of Chinese scholars,in this case,the " Civil Code " after the birth of the concept of investment housing also used.The so-called investment habitation is still habitation in essence.Under the current legal framework,the rules and logic of its operation are basically unchanged,but its main purpose is to meet people ’s diversified housing needs.At present,there is no distinction between social habitatio and investment habitatio in the Civil Code.Although the Civil Code clearly stipulates that the purpose of establishing habitatio is " to meet the needs of living and living",it does not fully explain why " to meet the needs of living and living," and in practice it does not limit why people obtain habitatio,whether the purpose of establishing habitatio is to provide for the elderly,education or other purposes.In view of the ambiguity of the legal provisions,it is necessary to sort out the types of habitatio in order to clarify the legitimacy,value and operation mode of investment habitatio,clarify the rights content and operation rules different from the social habitatio,and provide some reference for the application of investment habitatio in practice.From the perspective of judicial interpretation,this paper divides habitatio into social habitatio and investment habitatio according to the characteristics of habitatio,conducts special research on investment habitatio,clarifies the classification standard,value and operation mode of investment habitatio,sorts out the focus of controversy among domestic scholars at present,and puts forward own views and suggestions based on the development experience of investment habitatio in foreign countries such as Germany and France.The first level of this paper,starting from the background and value of the investment habitatio,discusses the necessity and necessity of investment habitatio,and clearly studies investment habitatio in China from the existing legal framework,further emphasizes the theoretical and practical significance of the division of investment habitatio,and points out the concept and characteristics of in vestment habitatio in China,which lays the foundation for the study of investment habitatio.The second level of this paper aims to study the rules and logic of the operation of the right to investment habitatio from the existing provisions of the " Civil Code," and further study the part of the legislation that has not yet been clearly defined in the process of constructing the right to habitatio.On this basis,the subject,object,rights and obligations of the right to investment habitatio and the generation and elimination are studied and analyzed one by one,and the problems with large differences are further studied and analyzed by combing the views of different scholars.The third level of this paper,first of all,on the application of China ’s investment habitatio,the combination of China ’s actual needs and legal provisions,put forward the investment habitatio applicable ’ time right hotel ’,’joint venture building’,’ housing pension ’,’ long-term rental apartment ’ and other models.Secondly,it studies the conflicts and coordination with other rights that may occur during the operation of the investment habitatio,such as the conflicts with ownership,mortgage or other habitatios,and studies the protection methods of investment habitatio.Drawing on the rules of’sale does not break lease ’ and ’ preemptive right ’ in the lease right,it proposes solutions for the better use of the investment habitatio in reality.The innovation of this paper is that,in the case of the right to habitatio system remains to be improved,there are still a lot of problems need to be clear,through the right to habitatio type further refinement,clearly put forward the concept of investment habitatio in our country,and through the study of investment habitatio in our country,the right to habitatio and investment habitatio in the development process of the problems encountered in the analysis and solution,put forward the concrete mode and method for the application of investment habitatio in reality.But many views of this article are still based on the existing legal provisions of the idea,from the perspective of judicial interpretation,limited by the legislative status quo,has obvious limitations.