Research On The System Of Residency Rights

The "Civil Code" stipulates the right of residence in Chapter 14 of the Property Code,Confirming the right of residence as a new type of usufructuary right in China’s real right system,realizing the reconstruction of the usufructuary right system with China characteristics,and responding to the practical needs of our society for establishing the right of residence with real right.The purpose of residence right is to realize its transformation from creditor’s right to real right,which will limit the functioning of the system of the right of residence.There are both omissions in the provisions and deficiencies in legal norms.It is necessary to construct a residence right system through interpretive theory,which not only facilitates the legal application of residence rights,but also broadens the applicable scenarios of the residence right system.The scope of the subject of residence rights should be broadened to include legal and non legal entities outside of natural persons."The Civil Code has certain limitations regarding the object of residence rights in the residential sector of others.It should be interpreted in accordance with the thinking of the civil law system to expand the definition of " residence "to include the construction of buildings and necessary ancillary facilities specifically for living and living in accordance with the law.".At present,the establishment method of the residence right system in China is single,and only the intentional method cannot meet the needs of practice.The functions of the residence right should not be replaced by the system of support,upbringing,and divorce economic assistance.The significance and value of the legal residence right should be affirmed,and the establishment method of the residence right should be added to the legal residence right based on the fixed residence right.The method of public notice of the real right of residence conflicts with the effective time of the will in Article 230 of the Civil Code,and the adoption of registration antagonism is more conducive to realizing the true intention of the testator.Add reasons for the elimination of residential rights,and add reasons for the elimination of residential rights such as house loss,waiver of rights,malicious use,and confusion based on the expiration of the term and the death of the obligee,to meet the needs of diverse social life.Clearly delineate the boundaries of rights and obligations between subjects of residency rights,and provide legal and normative guidance for disputes over residency rights established by contract and by will.Establishing residence rights can increase the burden on the owner.When meeting the residence needs of the owner,it is also necessary to take into account the protection of the owner’s rights,and legally grant the owner the right to know,the right to revoke,the right to claim property rights,and the right to claim compensation for damages,in order to achieve a balance of interests between the two and reduce the owner’s concerns when establishing residence rights.Expand the applicable scenarios of residence rights,and explore their economic value while helping vulnerable groups.