Analysis Of Residence Right System In Civil Code

With the formal promulgation and implementation of the Civil Code,the right of residence has formally become a statutory property right in my country’s property right system.This has also led to the discussion over the past two decades on the question of whether or not the right of residence of Difei Fanyingtian can and should be established in my country.At the end of the paragraph,domestic scholars have devoted themselves to the research on the improvement and development of the housing right system.It is true that,as a new system that has never appeared in China’s legal environment,the residence right,which accounts for only six of the more than 1,000 provisions of the Civil Code,is too thin and makes people worry about whether it can play the role expected by the legislators.This article will use the method of legal doctrine,based on the current law,combined with academic viewpoints and judicial judgments to conduct a more systematic research on the housing right system,in order to make a slight contribution to the future development and improvement of the housing right system.In addition to the introduction and conclusion,this article will be divided into three parts to expand:The first part analyzes the intended residence rights stipulated by the current laws.Article 367,paragraph 1,of the "Civil Code" stipulates: "To establish the right of residence,the parties shall conclude a contract for the right of residence in written form." Article 371 stipulates: "For the establishment of the right of residence by a will,the relevant provisions of this chapter shall be referred to." It can be seen that the Civil Code stipulates two ways to establish the right of residence,contract and will,but whether it is the agreement between the holder of the right of residence and the owner of the establishment of the right of residence,or the owner unilaterally establishing a will to establish the right of residence for others,the "Civil Code" The right of abode in Chinese is an intended right of abode based entirely on respect for the autonomy of the parties’ will,not a legal right of abode.The right of residence established by way of contract fully adheres to the principle of freedom of contract,and generally includes the name or title of the party,the location and scope of the residence where the right of residence is established,the rights and obligations of the parties,the duration of the right of residence,and the reason for its extinction.However,these contents are only general and general requirements in the Civil Code.In practical applications,it is inevitable that there will be deviations in understanding and application,which will lead to a more obvious phenomenon of different judgments in the same case.This requires us to start from interpretative theory and legal doctrine.Respond to these questions.The second part compares the similarities and differences between the residency system and the lease system,and analyzes the possibility of analogous application of the lease system in the field of residency.Different from the more long-standing and complete human servitude system in the European countries,the residence right in our country is the only human servitude system in the real right system.The six clauses of the residency system are obviously incapable of solving practical problems.Article 467,paragraph 1 of the Civil Code stipulates: “Contracts that are not expressly stipulated in this law or other laws shall be governed by the provisions of the General Regulations,and may be referred to and applicable.This is a typical contract or other laws that are most similar to the provisions of a contract.”It is also a civil legal act that is a house as the subject and is delivered to others for life and residence.The leasing system and the right of residence system have many similarities in system functions and structures.Among the many typical contracts for disposing of immovable property rights,it is undoubtedly the most guiding and reference to the right of residence.The third part discusses the necessity and structure of the legal residence system.The legislation of the right of residence system in our country is intended to guarantee the housing needs of disadvantaged groups in society,but it is questionable whether these groups already in a disadvantaged position have enough ability to sign an equal right of residence contract with the owner of the house.The legal residence right in the marriage and family field has irreplaceable advantages in solving the living and housing needs of women,children,and the elderly.The right of intentional residency needs to be established by the parties through a contract or a will and other civil legal acts.But for these people,it is difficult for them to establish residence rights for themselves or others in a desirable way to protect the basic housing needs of themselves or others.