Author(s)

Fei Lin ¹

Affiliation(s)

¹ Yango University, Fuzhou, Fujian, China

Corresponding Author

ABSTRACT

The right to residence is an important system in the Civil Code, which stipulates that the holder of the right to residence has the right to occupy and use the residential property of others according to the contract to meet the needs of living. The establishment of this system aims to meet the demand for residence rights in our society and has important social significance and legal value. However, there are some problems with the provisions on the right to residence in the Civil Code, such as unclear expressions, unclear references, insufficient norms, and inadequate institutional connections. This requires us to further interpret the rules of residence rights from the perspective of civil law hermeneutics, taking into account the literal meaning of the law, legislative intent, basic systems of beneficial property rights, social effects, etc. When implementing the registration of residence rights, we need to consider two modes: one is the registration effect doctrine established by contract, and the other is the registration opposition doctrine established by will. Not all residence rights must be registered to be established, and we need to take into account the legal risks of circumventing mandatory regulations due to registration. At the same time, for the convenience of public power supervision and maintaining transaction security, the registration of residence rights should adopt a substantive review mode. The subjects of residence rights registration include natural persons, legal persons, and other organizations. The object of residence rights is real estate, which should meet the definition of certainty and specificity required by the Civil Code for "things." Houses on farmers' homesteads can set residence rights for specific subjects and register them. In addition, we should also refer to the way of land area allocation of separate ownership to establish a value standard for the paid establishment of residence rights.

KEYWORDS

CITE THIS PAPER

Fei Lin, The Right to Residence from the Perspective of Explanatory Theory. Science of Law Journal (2024) Vol. 3: 41-50. DOI: http://dx.doi.org/DOI: 10.23977/law.2024.030108.

REFERENCES

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