Study On The Right Of Habitation In China’s Civil Code

In response to the requirements of increasing multi-subject supply and multi-channel housing security system proposed in the report of the 19 th CPC National Congress,the Civil Code of the People’s Republic of China(hereinafter referred to as the Civil Code)stipulates the habitation right system in the usufructuary right section of the real right compilation.The habitation legislation makes the object of usufruct extended to buildings and enriches the kinds of usufruct in our country.The right of habitation can distribute the ownership and use right among different subjects to meet the different needs of civil subjects.However,there are some legal problems,such as limited scope of application,lack of third level norms,untimely establishment of habitation right and unclear rules of testator habitation right.Taking the property of habitation right as the entry point,it is found that the legal dilemma of habitation right is caused by the limited application scope of habitation right caused by the property of human servitude,the hierarchy division of habitation right covered by the system of human servitude,the establishment of guaranteed habitation right restricted by prior contract,and the difference between testate habitation right and contract habitation right ignored by reference to applicable regulations.In order to give full play to the function of the habitation right system,we need to solve the problems existing in the habitation right system.By expanding the scope of the subject and object of the right of habitation,restricting the application of the investment right of habitation to prohibit transfer,and expanding the application space of the right of habitation system;For reference to the provisions of the right of habitation in the draft law of the Real Right,it supplements the rules of the relationship between the right of habitation and the debt,so as to supplement the deficiencies of the agreement between the parties of the right of habitation.To increase the right of adjudicative habitation,allowing people’s courts to establish the right of habitation in certain circumstances for people with financial difficulties,so as to protect the housing interests of vulnerable groups;Correct understanding of the difference between testamentary habitation and contract habitation,clear testamentary habitation with reference to the applicable section of the specific terms of habitation,to achieve the coordination of testamentary habitation in real right compilation and inheritance compilation.