Study On The Construction Of The Right To Investment-based Residence In The Civil Code

The right of abode system was formally established in China after the promulgation of the Civil Code.However,the current right of abode system in China has few provisions and there is still much room for improvement,and rules need to be designed in order to give full play to the security and value circulation functions of the right of abode.The current right of abode system focuses on the attributes of servitude and neglects the value circulation function of the right of abode.However,the times are progressing,and the traditional servitude of the right of residence cannot be shackled,but should adapt to the needs of the times,activate the investment properties of the right of residence,meet the investment needs of civil subjects,promote economic development,and build a perfect and comprehensive system of the right of residence,which needs to rely on the investment right of residence to achieve.There is a need and a positive role for the right to investment-based residence,and the legislator’s desire to give the right to residence some economic attributes can be seen in the process of change in the draft Civil Code.Although this is not explicitly stated in the six articles of the current Civil Code on the right of residence,there is in fact some room for it.Moreover,as our society develops,the right of abode regime needs to respond to the requirements of our policy and to the needs of reality.In addition,the subdivision of the right of residence into the right to live and the right to invest can improve the current system of property law and give full play to the value of private law.In order to build a perfect rule of investment-type right of residence,from the whole process of right operation,the first step is to expand the scope of subjects and objects of investment-type right of residence,so that more human subjects can establish investment-type right of residence on more houses.One of the most obvious differences between the investment right and the living right is the circulation and the right of first refusal given to the owner of the right of residence in circulation.As urban construction accelerates in China,many houses are subject to expropriation and compensation.When a house with an investment right of residence is subject to expropriation,the owner of the investment right of residence is entitled to compensation and can obtain it in a reasonable manner.