Research On Legal Issues Of The Right Of Residence System In My Countr

As a bright spot and breakthrough in the formulation of the Civil Code of the People’s Republic of China(hereinafter referred to as the Civil Code),the right of residence has once again drawn academic attention to this system.The right of habitation,which belongs to the traditional servitude of persons,is intended to provide the residence for the specific persons who have no residence,alleviate their living plight,and protect the residence rights by the effect of real right.But with the progress of the society and the development of law,this kind of person "sex under a single function can no longer meet the needs of society,right into the code for its investment is greater value shall be the sexual attention and mining,houses,land for reasons normalize,flexible,and the" civil code "expectations of residency system is limited to the previous function.In addition,the civil Code also has defects in the design of the subject,object and content of the right of residence system,for example,the definition of the subject of the right,namely the right of residence,is too narrow.The details of the establishment of residence right are not perfect;Divided by the absence of legal establishment mode except the right of residence established by means of intention.Also,the conflict between the right of habitation and existing rights is an important issue that needs to be resolved.As a right with a long history,the right of habitation cannot only exist in China.Germany,France,Italy,Portugal and other civil law countries inherited this system from ancient Roman law and developed it longer than China.In this case,learning from other countries in this system can be localized and beneficial to China’s development,it is an alternative path.