| The promulgation of the "Civil Code" ushered in a new era of the discipline of civil law.The right of residence is an unprecedented property right in the history of civil law in our country.of perfection.However,the provisions of the right of residence are limited and the content is thin,so it is bound to encounter difficulties in its application.This article is based on the difficult problems that the right of residence may face in practice,and explains and applies it to solve the questions raised,in order to provide a reference for the relevant judicial interpretations or relevant legal provisions on the right of residence in the future.This paper is mainly divided into three parts,the first part is the preface,which mainly introduces the research background and research significance,development trend and research status,research methods and research content,as well as the characteristics and deficiencies of this paper;the second part is the specific difficult problems of the right of residence And the explanation path is the focus of this article.This part is mainly divided into four chapters.The first chapter is about the application problems and interpretation paths of the right of residence,which involves the definition of the subject and the object of the right of residence,and the rights and obligations of the relevant subjects of the right of residence.The second chapter is the applicable problems and interpretation paths of the establishment of the right of residence,involving arbitrary norms in the contract of the right of residence,the right of legal residence and the right to adjudicate the right of residence,the acquisition of the right of residence in good faith,the establishment of the right of residence for "special" houses,and the conditions attached.Or the right of residence with a deadline;Chapter 3 is about the risk problems and explanation paths after the establishment of the right of residence,mainly involving the conflict of the right of residence,the right of residence and the mortgage in the field of bankruptcy;Chapter 4 is the application of the right to terminate the right of residence and the interpretation path,mainly related to the supplementary reasons for the termination of the right of residence,and the treatment of the right of residence after the death of the right of residence.The third part is the overall conclusion of this paper,which is also a summary of the aforementioned issues. |
