Understanding And Application Of The Residential Right System From The Perspective Of The Civil Code

The right of residence originated from Roman law and is closely linked with the inheritance system.Its main purpose is to ensure that the living plight of specific groups and the social reality of housing for the elderly are solved.In the process of civil legislation in China,the establishment and abolition of the right of residence have experienced twists and turns,and will finally be written into the property rights edition of the Civil code in 2021,becoming one of the most eye-catching systems in its compilation.However,it is difficult to fully regulate this system with only six legal provisions.This article will analyze the legislative twists and turns of residential rights and the underlying causes from the historical background of residential rights legislation;From the value of the right of residence,this paper analyzes the value of the time brought by the right of residence in the Civil code system and its possible role in the future;From the basic concept and legislative style of the right of residence,this paper analyzes the characteristics of the right of residence under the vision of our civil code;Analyze the possible problems in China’s legislation on residence rights from the perspective of conflicts between residence rights and other rights,and provide ideas for future judicial interpretation and application;Finally,in conjunction with other existing systems,solutions will be proposed to address practical issues such as ranking conflicts in China’s residency rights.