Research On The Conflict Of Rights Related To Residence Right From The Perspective Of Civil Code

The Civil Code formally stipulates the right of residence system,which provides a new guarantee for citizens ’ housing problems.However,it is necessary to pay attention to the conflict between the right of residence and other rights on the same house,as well as the conflict between the multiple established right of residence.After the establishment of the house mortgage,the mortgagor can in principle still establish the residence right for others,and after the establishment of the residence right,the house owner can mortgage the house in principle.When there is a conflict between the mortgage right and the residence right in the realization of the right,the conflict of rights shall be resolved according to the sequence of rights registration.However,when the right of residence is not established due to lack of registration,the validity of the mortgage is superior to the right of the prospective resident to claim the creditor’s right,and the prospective resident shall not ask for "auction with residence".When there is a conflict between the right of residence established by the contract and the monetary creditor ’s right due to the realization of the creditor ’s right,the holder of the right of residence has the right to request the ’ auction ’;for the quasi-residents who only sign the right of residence contract but do not register,under certain conditions,the court may allow the house to be " auctioned " based on the special protection of the right of residence.The right of residence established by the will is established from the beginning of inheritance.When it conflicts with the realization of monetary claims,the monetary claims should be given priority.However,in the case that the " live auction " does not affect the realization of the creditor ’s rights,the right of residence can request the creditor to " live auction." The right of residence established by the bequest method has only the effect of creditor ’s rights before it is not registered.The creditor ’s rights of the money creditor should be paid before the creditor ’s rights of the bequestee;the legatee obtains the right of residence after registration,and the monetary creditor ’s right is given priority.The legatee can only require the creditor to ’ take the auction ’ without affecting the realization of the monetary creditor ’s right.When multiple residency contracts on the same house coexist,the agreement to establish the right of residence through bequest coexists with the right of residence contract,and its processing rules refer to the rules of multiple assignments of the house,and are performed in the order of registration first,possession first,and contract first.However,if the right to establish the right of residence is maliciously preempted,its rights shall not take precedence over the obligee who signed the right of residence contract but did not register.When the will establishing the right of residence coexists with the contract establishing the right of residence,the starting time of inheritance is the center.Before the beginning of inheritance,if the right holder of the right of residence contract has already registered the right of residence,the right holder of the right of residence contract obtains the right of residence,which is regarded as the withdrawal of the content of the right of residence in the will.After the beginning of inheritance,if the right holder of the right of habitation contract only signs the right of habitation contract but fails to register the right of habitation,the right holder of the will right of habitation obtains the right of habitation from the beginning of inheritance,and the right holder of the right of habitation contract can only be investigated for liability for breach of contract according to the legal and effective right of habitation contract.