Typological Research On The Rules Of Habitatio

The rules of the establishment is the center of the habitatio.With the implementation of the "Civil Code",our country has established the ways of establishing the habitation by contracts,testaments,and judgments.But the rules are insufficient to settle the practical problems in our country.It is meaningful to do researches by studying the rules for the establishments of habitatio from the perspective of interpretation.In addition to the introduction and conclusion,this article is divided into the following four parts.The first part sorts out the rules for the establishments of the habitatio in the current legal norms.There are two ways to establish habitation in the Civil Code.Discretionary habitation is established by contracts and testaments.The rules on the discretionary habitation in the current norms are not perfect,and the academic circles have disputes over the legal effect on the lack of the written form when the right of habitatio is established by contracts.And the validity of registrations is discussed when the right of habitatio is established by will.Due to its legal and absolute authoritative status,statutory rights play a very important role in protecting the rights of socially disadvantaged groups.The statutory habitatio that directly establishes the right of residence for civil subjects through legal norms is absent in the current legal system.The absence of the statutory habitatio is bad for protecting the residential rights of disadvantaged groups.The second part focuses on the force of law on the lack of written form when the habitatio is established by contracts,and discusses the elemental applications of the habitatio established by contracts.In principle,the formal requirements for the establishment of the habitatio in a contract must be in written form,but the legal effect can be restored to full state by correcting the form of the contract.One of the essential elements is residence.Its definition should be expanded.The habitation can directly cover the attachments which are necessary for living.The registration of the habitatio shall be taken by the person who own the residence.The third part focuses on the registration effectiveness when establishing the habitatio by testaments,and interprets the reference for establishing the habitatio by contracts.In the context of testaments,the concept of residence is easily confused with words such as "use" and "living".The meaning of residence in the context of testamentss must be analyzed by purpose.There are various types of testaments,and the legal force of the habitatio should be protected which established by testaments not in written form.Testaments include two forms:testamentary succession and bequest,it is not appropriate to directly quote the provisions of Article 230 or 368 of the Civil Code.The fourth part focuses on the impact of the lack of statutory habitatio in judgments and investigates the feature of the habitatio established by judgments.After the promulgation of the Civil Code,most judges established the habitation by three points.Analysis of antecedently behavior,the facts of a long time living in the residence and determination of material basis are necessary.The establishment of the habitatio by judgments has the value on social security.