Research On The Right Of Residence System In China

The right of residence is one of the traditional usufructuary rights in the civil law system.It originated from Roman law.France,Germany,Italy and other civil law countries have relevant provisions on the right of residence,but the provisions are different due to the differences of history,culture and national conditions.China once stipulated the right of residence in the draft of property law in 2002.Due to too many disputes,it was deleted in the Fifth Draft.After some twists and turns,the first civil code officially implemented in 2021 set up the residence right system,which is stipulated in six articles in the real right.The establishment of the right of residence is of great significance to solve the living difficulties of specific groups and social practical problems such as providing for the aged with housing.It not only eases the rigid legal doctrine of real right,but also improves the utilization rate of resources,which is in line with the principle of "making the best use of everything".Through the analysis of the origin of the right of residence and its development process in civil law countries,this paper explains the connotation of the right of residence.It also distinguishes the right of residence from the right of housing lease,reverse mortgage and residential right,and defines the concept of the right of residence.This paper gives a detailed interpretation of the content of the residence right system in China’s civil code.The residence right has the nature of usufructuary right and personal servitude,with personal exclusivity and long-term nature;The right of abode system in the civil code of China is divided into contract and will;Finally,the author further interprets the power and registration effectiveness system of the residence right system in China.The residence right system stipulated in the civil code of China is of progressive significance,but there are still omissions and deficiencies,which need to be further improved and supplemented.Based on the residency system of Germany and France,this paper summarizes the shortcomings of the establishment method of the residency system in China,the scope of the object is not clear,the rights and obligations of the residency owner are not specified,the registration system of establishing residency by will is not clear,and the investment residency is not specified.We should supplement the legal right of residence,clarify the scope of the object of the right of residence,supplement the norms of the rights and obligations of the right of residence holder,clarify the registration system of the right of residence established by the will,and reserve space for the investment right of residence.In this way,the residence right system can glow with stronger vitality in our country.