On The Construction Of Legal Habitation System In China

Housing is an urgent problem in many cities in China,and the establishment of the right of habitation in the Civil Code of 2021 has responded to the needs of social development,effectively alleviating the permanent housing problem of the low-income group of homeless and renters,providing the most basic housing security for this group,and also making the system of property rights in China more complete,so that judges can also have a law to follow in judicial practice.However,from the perspective of the establishment method,the Civil Code only provides for the intentional right of habitation,and the parties can only establish the right of habitation by way of contract or will,which may lead to some disadvantaged groups such as the elderly,minors,divorced couples,surviving spouses,etc.To obtain the right of habitation for their own or the owner’s reasons,which limits the role of the right of habitation system in protecting the disadvantaged groups.Through the construction of the right of abode system in France,Germany,Italy and the United States,it can be seen that the statutory right of habitation can make up for the shortcomings of the intentional right of habitation and can truly protect the rights and interests of the disadvantaged groups.The establishment of the statutory right of habitation system is a social need,and the existing systems of maintenance and guardianship cannot completely replace the social functions of the system.Not only should the legal right of habitation be stipulated in the property rights section of the Civil Code,but also specific provisions on the legal right of habitation should be established as supplementary provisions after the alimony and maintenance obligations and divorce assistance system in the marriage and family section of the Civil Code.When establishing the legal right of habitation,attention should also be paid to the coordination of its relationship with other rights systems,so as to achieve a balance between the interests of various parties.The inclusion of the statutory right of habitation in the law not only protects the housing interests of vulnerable groups,but also helps to improve the system of housing rights in China.The establishment of the statutory right of habitation system is in line with the legislative purpose of the Civil Code,and the Code should respond to it to fully protect the housing interests of vulnerable groups.