Research On The Legal Implementation Mechanism Of Investment Residence Right

According to the different purpose of the establishment of residence right,it can be classified into social residence right and investment residence right.The residence right system originated from Roman law,and as a form of personal servitude,it originated from the marriage and family relationship in ancient Rome to meet the housing needs of vulnerable family members.With the change of social development and economic foundation,civil law countries have gradually deepened their understanding of the attribute orientation and institutional function of the right of habitation when criticizing the succession of Roman law.With the trend of diversified property utilization,the functional application of the right of habitation has expanded from the protection of the weak to the focus of property attributes.In this context,after nearly 20 years of repeated legislative choices since the "Property Law",the "Civil Code" has finally stipulated the right of residence system.The Civil Code has six provisions on the right of habitation,making it a new type of usufructuary right.But "civil code" scope of subject and object of residency restrictions,constrained by the Roman legal servitude and residency system does not have the concept of disciplinary power chains,not clear in the practice of the investment of the residency requirements in terms of response,the investment residency system lack but increase the cost of legal interpretation.The experience of comparative law shows that the property of personal servitude of residence right and its attached unalienable power limitation are not impossible to break through.Only by getting rid of the misunderstanding of this concept can the system of residence right of our country meet the needs of the developing society.Private law emphasizes autonomy of will,and under the background of moderate application of strict numerus clauses principle,the establishment way of residence right in Civil Code is voluntary establishment,which provides a path for the realization of investment residence right.In other words,the contract of investment residence right agreed by both parties to transfer and inherit is not necessarily invalid.In real scenes such as house-for-pension,house-building,time-sharing vacation,homestay and serviced apartment,the investment residence right has great application space.The realization of the right of investment residence needs to be classified into three types:social security,investment and consumption,and the applicable restrictions on the disposal of the right of investment residence under different functions are designed.The right of investment residence should be established in the form of contract,with the principle of registration and effectiveness.In principle,the actor should be recognized to enjoy all possible usualities of investment residence right,including the right of transfer,mortgage and other disposal rights.The subject scope of investment residence right should not be limited to natural person but also include legal person and unlegal organization.Its object should include apartment,hotel,homestay and other commercial houses in addition to residence.When applicable to the right of investment residence with social security function,the right of disposition can be limited;However,in the scenario of investment and investment residence right with consumption function,the right to dispose of residence right should not be restricted.Land and house are scarce resources in modern society,so the establishment of investment residence right that can be disposed will be conducive to the full play of legal value and the full use of things.