Author(s)

Lin Xiaoyu ¹

Affiliation(s)

¹ China Jiliang University, Hangzhou, China

Corresponding Author

Lin Xiaoyu

ABSTRACT

As the first law named after "Code" of New China, the right of residence, which conforms to the development needs of The Times, was quietly incorporated. Residence is a necessary condition for people to survive, live and even produce. The right of residence is the type of real right to live in other people's residence, which belongs to the category of exclusive real right. Since then, a natural person can not only live in his own house under the framework of property right, but also live in others' house through the right of residence. However, as the "usufructuary right" of the first European legal system to be fully introduced, our country has no relevant judicial experience. Although there has been a long discussion about the right of residence in Chinese academic circles, it mainly focuses on the debate about the existence and abolition of the right of residence, namely the debate about the legislation of the right of residence. However, with the entry of the "right of residence", the issue of the existence and abolition of the right of residence has become a dust, and the application of the right of residence and related system design problems have become a new research hotspot. Through the study of the nature and characteristics of the right of residence, this topic will explore the debate on the "right of residence before purchase", and give a brief opinion, in order to make a modest contribution to the system design of "right of residence".

KEYWORDS

Right of Residence, Preemption Right, Usufructuary Right

CITE THIS PAPER

Lin Xiaoyu. The Preemptive Right of Habitation Right Holders. Science of Law Journal (2025) Vol. 4: 138-144. DOI: http://dx.doi.org/DOI: 10.23977/law.2025.040520.

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