Research On The Establishment Of Residence Rights In My Countr

The right to residency system has a long history of development.It originated in the Roman era and has spread to various countries in the world.my country has passed the Civil Code of the People’s Republic of China in early 2021(hereinafter referred to as the "Civil Code").The residency system was established.Chinese academic circles have discussed the residence right system for more than30 years,and there have been more than 20 years of research on the residence right system at the legislative level.From most scholars disapproving of the right of residence legislation to the fact that most scholars recognize the feasibility of the right of residence system,the attitude towards the establishment of the right of residence system at the legislative level has undergone subversive changes.The establishment of the right of residence system is a response to the "real estate speculation" at the legislative level,and it is also a concern at the national level to the real problems of housing,pension and other people’s housing difficulties,and can protect the housing rights of vulnerable groups.Chapter 14 of the "Civil Code" stipulates the right of residence system with 6 articles in a special chapter,which is a major breakthrough in the legislation of the right of residence.Moreover,the existing regulations cannot fully meet the needs of judicial practice,and there are many disputes over the residency system.This paper mainly discusses and studies the establishment of residency,in order to improve the applicability of the residency system.The first chapter of this paper is divided into two parts.The first part first gives an overview of the current situation of the establishment of the right of residence,firstly gives an overall introduction to the system of the right of residence,then sorts out the historical evolution of the legislative exploration of the right of residence system in our country,and finally finds out the application of this law from the judicial status quo.Cases in which the paper intends to solve the problem are presented as examples.The second part is to analyze the shortcomings in the establishment of the right of residence in our country,mainly to summarize the common problems in the following three establishment methods,such as the unclear rules for the establishment of the right of residence,and the related content of the establishment of the right of residence is not clear..The effective time of residency under different establishment methods is inconsistent.The second chapter discusses the establishment of the right of residence by contract,mainly to analyze the existing and possible problems in the establishment of the right of residence by contract.Secondly,it discusses the application dilemma of establishing the right of residence by contract and puts forward suggestions.The law stipulates that the establishment of the right of residence by contract should be in written form,but in judicial practice,there may be a right of residence contract that has completed the main obligations of the contract but has not adopted the written form.Therefore,it is necessary to relax the standards for establishing a right of residence contract and recognize the validity of a right of residence contract that lacks formal requirements;according to the law,the right of residence must be registered before it can be established.The subjects of registration to determine the right of residence established by the contract should generally be both parties.There is no law on the relationship between the debts accompanying the right of residence,and the relevant provisions of the lease system and the series of inheritance and the series of marriage and family should be applied by analogy;There is a pre-emptive problem.If one of the parties does not take the initiative to establish the right of residence for the disadvantaged group,the rights and interests of the disadvantaged group will not be guaranteed.In this regard,the court should be allowed to establish the right of residence by adjudication.The third chapter discusses the establishment of the right of residence by means of a will.Since the method of establishing the right of residence by a will is only covered by one clause in the law,but the specific clauses are established with reference to the applicable contract,the legal provisions are too vague,and it is obvious that It will bring many problems in application.Therefore,this chapter first gives its own understanding of the specific clauses of the will to establish the right of residence in the law.Although the method of the will has its own characteristics,some of the clauses of the contract to establish the right of residence can also be directly Applied.It also needs to be combined with the marriage and family code and the inheritance code to distinguish the place where it should be specially stipulated from the contract to establish the right of residence.Then,it discusses and proposes the controversial focus of the establishment of the right of residence in the form of a will.The will has the form of an oral will,which obviously does not meet the requirement of written form,but it is a valid will,and it should be recognized that it can also establish the right of residence.,it is also necessary to clarify whether the right of residence is established for others in the will and how the person with the right of residence knows that another person has established the right of residence for it.,to clarify the effective time of wills and bequests to establish the right of residence according to the circumstances;finally,to clarify the registration subject and the obligations of the registration subject.The last chapter discusses the establishment of the right of residence by law.There are many cases in judicial practice that show the necessity of this method,but the Civil Code does not provide for it,which is a legislative blank.Therefore,this chapter firstly discusses the reasons for approval and disapproval of the disputes concerning the establishment of legal residence in the academic circles,and then proposes the rationality of the author’s opinion on the establishment of legal residence.Then,it analyzes the problems that arise in the actual application process of the legal residence right and explores its implementation methods.It is different from the two forms of the right to decide residence rights.Application situation,it is mainly used in the fields of marriage and family,and there should also be provisions for the people living together with the legal residence right,allowing the family members of the residence right holder and the necessary service personnel to live together,and the legal residence rights also have special objects.Because the legal residency is established by the court in accordance with the law,if the object of one party is not unique,the court needs to clarify how to determine the object of the legal residency.Better improve the right of residence system.