Research On The Interpretation Theory Of Judicial Residence Right

With the promulgation and implementation of the "Civil Code",our country has established a residence right system that determines the right of residence.The establishment of the system includes establishment by contract and establishment by will.But in the past year or so,there have been a lot of cases in judicial practice that judges establish the right of residence by way of judgment,that is,the so-called "judgment of the right of residence" in this article.Based on the background of "Civil Code",the author analyzes and studies a series of issues concerning the right to judge residency from the perspective of hermeneutics.Through the retrieval of relevant cases,the author listed three typical cases of judicial residency with different identities between the parties.Through the interpretation of the case,this paper analyzes and discusses the four basic issues of the judicial residence right: first,the judicial residence right arises because,under certain circumstances,the voluntary residence right cannot fully protect the legitimate rights and interests of vulnerable groups;second Judicial residence rights are free,non-transferable and set up for people with specific relationships;third,judge residence rights have the function of social security;fourth,judge residence rights have the ability to make up for the lack of voluntary residence rights and solve the plight of specific groups.effect.In addition,the author sorts out the main points of the judge’s judgment in the judicial precedents,and analyzes that there are three requirements for establishing the right of residence in the judgment: the first is the identity relationship between the parties.These include parent-child relationship,grandparent relationship,divorce relationship,close in-law relationship,and labor relationship;second,the fact that the actual occupant has a long-term residence;third,the house involved is the only residence of the actual occupant.At the same time,through the analysis of the case,it can be concluded that the judge will establish the right of residence by way of adjudication only when the three requirements are satisfied at the same time.Based on the foregoing,the author analyzes the change mode of property rights in the judgment of residence right.First of all,in judicial practice,a judge of a court in Guangzhou has made a judgment that the parties need to register the right of residence after the legal document takes effect;secondly,the author analyzes that there are civil legal acts in such cases,which are not entirely illegal Changes in real rights based on civil legal acts should therefore be applied as a compromise between Articles 229 and 368 of the Civil Code;again,analogous to the provisions of Article 230 of the Civil Code,it provides a reasonable explanation for the registration antagonism of the right to judge residence Finally,it came to the conclusion that the right to judge residency should adopt registration antagonism.From the date when the legal document comes into effect,the establishment of residency must be registered in the real estate registration center,otherwise it cannot resist a bona fide third party.Then,the author expands on the adversarialism of the registration of the judicial residence right,and expounds whether the judicial residence right can be registered against the mortgage,the ownership of the house buyer and the lease right at different time points.