Interpretation Of The Right Of Residence Syste

This paper focuses on the newly established right of abode system in the Civil Code of the People’s Republic of China(hereinafter referred to as the Civil Code),it is aimed at protecting the usufructuary right of possession and use of other people’s residence,which is established by contract and will.There are only six articles on the right of residence in the Civil Code,and their contents are relatively simple.Therefore,it is necessary to interpret the Legal Provisions on the right of residence and analyze the application of the relevant laws one by one,with a view to the right of residence in the judicial practice of understanding and application to help.This article mainly carries on the development from following four parts:The first chapter mainly introduces the historical process of the birth,maturity and development of the system of the right of habitation and its right attribute,from the Corpus Juris Civil Law of Justinian to the Napoleonic Code,the Bürgerliches Gesetzbuch and the home ownership law,then to our country "Civil Code",the personal attribute of the right of residence is weakening gradually,and the usufruct attribute is highlighted.Chapter two starts from the legal provisions,the subject and object of the right of habitation,the mode of establishment,the cause of elimination and the rights and obligations of the person with the right of habitation are analyzed and interpreted in a standard way,there is no legal obstacle to the establishment of the right of residence as a whole.In practice,the registration of the establishment of the right of residence should be based on the whole residence The parties may establish the right of abode by contract with compensation,or by will(including bequest),and the court shall be allowed to establish the right of abode by decision on the premise that the legal right of abode can not be recognized,in order to protect the legal interests of special parties,in addition to the expiration of the term or the death of the person with the right of residence,the right of residence may also be extinguished due to the confusion of the identity of the person with the right of residence with the owner,abuse of the right of residence,etc.The owner of the right of habitation enjoys the rights of possession,use,exclusion of interference and income,and also undertakes the obligations of good management,repair and compilation of property list.The third chapter,based on the case of the right of habitation in judicial practice,points out the problems of the right of habitation in the application of law and gives the solution The General Rules of the right of residence can satisfy the needs of establishing the right of residence among relatives without establishing the special right of residence of relatives.The right of investment residence is also established for the needs of life,it also belongs to the current real right of the right of residence system within the norms.The Fourth Chapter analyzes the connection and application of the housing right and the housing expropriation,mortgage right,bankruptcy and execution system,and comes up with specific views and opinions: The Housing With Housing Right is expropriated,the owner of the House shall have the right to claim the right corresponding to the previous one.If the house bearing the right of habitation is lost,the limit of compensation shall be different due to the establishment of the right of habitation,whether paid or unpaid;if the right of mortgage is established before the right of habitation,the right of habitation shall be purged in time;if the right of habitation was established before the right of mortgage was established after,the existence of the right of mortgage shall not be affected by the right of habitation established before;The treatment of the right of abode varies according to whether the bankrupt belongs to an enterprise or an individual;in enforcement proceedings,the right of abode is generally not affected,and in the case of an application for reconsideration or an appeal against enforcement by an outsider,judicial personnel should focus on examining the authenticity of the right of residence.