Guan • Lan 丨 Ma Qiang: Comparison of the type of residential rights of "Civil Code"

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Beijing First Intermediate People's Court Party Secretary and Dean, experts in trial business, doctorate in law.

Study on the Style of the Living Rights Types of the Civil Code

Text ｜ Ma Qiang

(This article was published in "China Application Law", No. 4, 2022)

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Summary of content: Residence rights can be divided into human -oriented residential rights and beneficial residence based on different standards. The "Civil Code" is based on the establishment method, and the residence rights are divided into three categories: residence rights, the residence rights established by the will of the contract, and the residence rights established by the court referee. Sexual residence. Different types of residence rights have different roles in social life. The types of residential rights must be accurately divided in specific cases to ensure that they can exert social security functions and economic functions to meet the multiple needs of different subjects for residential rights.

Keywords: residential type type division function played

The right to residential is an ancient legal concept. For the purpose of living, it has the right to possess and use for others' housing and its auxiliary facilities. According to the public law theoretical circles, the right to residentiality is a common system in the Ministry of Civil Affairs of the Mainland Law Department. We will find that the laws and regulations of the residential rights system of France, Germany, Italy, Japan and other countries will find that although the legislative systems are different, they are more clear about the types of residential rights. The "People's Republic of China" (hereinafter referred to as the "Civil Code") increased the new type of benefit rights of residence rights, and set the concept of residential rights, the content of the right to residential rights, the establishment, restrictions, and elimination of residence rights. And set up residence rights in a will. In the type of residence rights, my country's "Civil Code" divides the right to residence into the right to residential rights, the residence rights established by the contract, and the residence of the court referee established by the contract. This classification enriches the classification criteria of civil law theory. As we all know, the classification of rights in civil law is not only necessary for theoretical research, but more importantly, to clarify the characteristics of each type of rights, and facilitates the protection of policies and gives differentiated protection. In view of this, based on the types of the type of residence in civil law and foreign law, this article compares the classification of residence in my country's "Civil Code" to compare the classification of the "Civil Code" The purpose of establishing a purpose in order to accurately grasp the specific case handling and help give full play to the functions of different types of living rights in social life.

01

Comparison of residential types

The residence right system began in Roman law, and later flourished in the French countries of the mainland. Germany, France, Italy, Austria, Switzerland, Spain, Japan and other countries, or in the civil code, or the civil special law, specified the residential rights system. In accordance with the theoretical circles, the provisions of the national laws of the mainland law, and the judicial jurisprudence, the residence right can be classified based on different standards. It can be divided into human residence rights and beneficial residence rights; second, according to the establishment of the right to residential rights based on the meaning of the parties or the legal provisions, it can be divided into the right to settle in residence and legal residential rights; Based on the judgment to create the right to residential. Different types of residential rights not only have different conditions in the constituent, the laws are different, and the impact of the interests of the parties is different. The most important thing is that the function of social life is different.

(1) Personal residence rights and beneficial residence rights

The right of residence was originally a form of human service. The right to use the right to use the rights of others for the interests of a specific person, that is, the right to use and benefit by others for their own things.

Human service is the most old type of residence. It was first born in Roman marriage and family relations, and is closely related to the property inheritance system. The original purpose of the Roman period for the founding of human service was to use the presence of presence to make some family members who did not inherit the right (especially the widow or unmarried daughter deprived of the inheritance right). Therefore, it is the right to set up for the interests of a specific person. As French scholars are summarized, the right to residence has the nature of certain property rights, but it is also obviously personal characteristics. This can be seen from the relevant provisions of the French Civil Code. Article 632 to 634 of the French Civil Code stipulates that those who have the right to residential rights for houses may live with their families in the house. Those who enjoy this right are limited to their families; the right of residence must not be allowed, nor renting. The "German Code" is a person who clearly positions the right to residentiality as a limited human service. It can only be established in real estate, and it can only be set for a certain person, not transfer and inheritance. In addition, the "Italian Code" and the Spanish Civil Code both stipulate the people's dwellings.

Judging from the provisions of the national codes, the right to residential residence has the following characteristics: First, the right to use the right to residentially set on the houses and accessories of others. The needs of living and living, so the residents only enjoy the power of possession and use of houses, and the benefits of rent and transfer of houses are prohibited. Second, the residential owner of human residence can only be a natural person with housing demand. The legal person and other organizations cannot be the residential owner of the residential right of human service. Third, the right to residential residence has strong personal attributes. It is established for a specific person. It can only be enjoyed by specific rightists, and cannot be transferred to others or inherited by others. Fourth, the right to residential residence is free of charge. It has the value of gifts and charity, so it is usually characterized by free. Fifth, the right to residential residence is limited to the expiration of the term or the life of the right holder. With the death of the right holder, it is a long -term and stable right. The original intention of the establishment of the living right system is to protect the interests of the use of the house to use the interests of the non -heir to ensure its basic living needs. It is aimed at specific family members, and the human service is of course its attributes. However, if you are stubbornly constrained, the right to residential can only be set between people with a specific identity and must not be transferred and inherited. In principle, it is not allowed to rent. In the process of the development of the residential rights system, many countries realized that the closure and irreplaceableness of the right to residence in service, ignoring its economic benefits and not conducive to economic development. Therefore, the use of beneficial residence rights came into being. This is typical of German legislation. German civil law inherits the residential rights system in Roman law and carry forward it. Following the Civil Code stipulates the right to residential residence, it also stipulates the right to use. We know that the right to residential in the "German Code" refers to the right to use the right holder, "using one of the buildings or buildings as a residential house, and has the right to exclude the owners." As the residence rights in the civil code that restricts the right to people, they must not be inherited or transferred; even if the rental is used, it is possible to obtain the consent of the owner. Within the scope of the end of the old property, this time and the restrictions on people are of course exactly meaning. However, to a certain extent, the residence right is reflected in the treatment of construction funds (subsidies for building cost), which should be separated; at this time, the right to residential rights shall not be transferred and cannot be used for rent, which is an unreasonable defect. For the above reasons, Germany created long -term residence rights through the "Residential Ownership and Long -term Residence Right Law" in 1951. Like the right of residence in the German Code, long -term residential rights are also the right to use the property rights as the target; The rights can be allowed to be inherited and inherited, and long -term residential rights have the right to make any reasonable benefits, especially the right to use rental and use benefits. Therefore, long -term residential rights are also called by scholars as beneficial residence.

The so -called beneficial residential right, also known as the right to invest in, refers to the right of repayment and use of the right to use the right to transfer and use the right to use between different entities. Compared with human residence, it is characterized by: First, the subject is wide. Because it is paid for a paid flow, it determines that the right holders who use the right to residents may not have a relative or other specific personal relationship. Not only natural persons, but also legal persons and social organizations can also become residents. The second is to set up paid. The establishment of the right to residential residence is generally based on the consideration of economic interests to obtain benefits through transactions of housing occupation and use rights. This is also the most essential difference between its right to residential residence. The third is to establish through contracts. Unilateral legal acts and facts are unable to establish the right to use. The fourth is that the period can be long or short, and the parties agreed to use the time limit for beneficial residence.

The above two residence rights are different in the field of social life. The right to residential residence is mainly to solve the problem of living and living, to ensure that specific groups enjoy the interests of residence, and their incidence is mostly related to identity, or it is related to specific subjects. The principle of equivalent market transactions is not applicable. For example, the former provides the right to residential for no house after the marriage and family relationship, and the latter has established residence rights through the premium. The use of beneficial residence is mainly to solve the problem of living rights and investment profit. The main purpose of realizing the realization of the property rights of housing is the main purpose of the realization of the property of the housing. change. In real life, the field of beneficial residence has a wide range of fields. The setting of residential rights for homestays, home owners of rural areas belongs to this category.

(B)

According to the establishment of the right to residential rights based on the meaning of the parties or the clear provisions of the law, the residence right can be divided into the meaning of settlement and statutory residence.

In the history of Roman France, the right to residentiality is usually set by the will, and it is rare by the contract. However, while the French civil law is almost fully transplanted in the Roman law, the human service structure system has been transformed, and the contract has been localized, and the contract replaces the will, becoming the most common form of living rights. The right of residential residence refers to the residence rights based on the meaning of the parties. According to the meaning of the unilateral or two parties, the right to residential residence is divided into conjunctional residence and unilateral residence rights.

The right to residential residence refers to the residence right established by both parties' intentions. There are four main characteristics: First, the right to residential residence is the product agreed by the parties between the two parties. One party is willing to transfer the occupation and use rights of the house to the other party, and the other party is willing to accept it. Second, the right of consensus residence is paid and free of charge, but it is normal and free of charge. Third, the right to residential residence needs to be realized by the establishment of a residential contract. Since the right to residential residence is the product of the parties' consultation, the rights and obligations of both parties and the period of residence rights can become the clauses of the contract shall be agreed by the parties themselves. In real life, the most typical residence right is to use the right to live. Fourth, the right to residential residence is not limited to the specific relationship between the parties, and whether it has personal relationships and specific relationships. It is precisely because of the paidity of the rights of conjunction, the term that the deadline, and the broadness of the subject that it determines that its space in social life is very wide and highly respected by many countries. Unilateral residence right refers to the right to residential based on the intention of the owner of the owner. There are three characteristics: First, based on the intention of one party's intention, the typical will set up residential rights and premiums to set up residence rights. Second, most of the principles of free. Third, mostly occur between parties with special relationships. Human service residence is mostly unilateral residential rights.

Legal residential rights refer to the right to residentially stipulated in the law. According to the legal principles of property rights, many countries in the world adopt legalism in the living right system, and establish the type of residence through legislation. For example, in Germany, the civil code has established the right to residential residence. The Law of Residence Establishment establishes long -term residential rights to use the right to live. Japanese civil law originally did not stipulate the residential rights system, but when the inheritance law was amended in 2018, the residential right system was introduced and it was used as one of the main highlights of this civil law amendment. Of course, this residence system in Japan is only applicable to inheritance, and only the spouse of the heir has the right to enjoy it, so it is also called "spouse's right to live." Chapter 4 of the British Family Law "Family Housing and Family Violence" stipulates "the right to residential residential residence", "residence order", "mutual obstructive order", "additional clauses that do not disruption", " The residence rights of family members and related personnel have been provided. According to the explanation of some scholars, the legal residence rights generally include the legal residence rights in the marriage relationship, the legal residence rights in the monitoring relationship, the residence rights in the elderly's maintenance relationship, and other legal residence rights.

(3) The court referee created the right to residential

In the practice of various countries, the court also set up a residential right through the referee. Because the residence right is established in the judgment, it is also known as the referee to create residence rights. The so -called referee created the right to residentially. In order to solve the establishment of the housing demand for special groups, this kind of residential rights are objective. Objectively, as long as one party has housing demand, the court can create it without considering whether the parties have the intention of establishing a residence right. Such residence rights can be paid, but they are generally free of charge, and most of them are short -term or irregular.

02

Analysis of the type of residence rights stipulated in the Civil Code

(1) Comment on the classification standards of the "Code"

Article 366 and 371 of the Property Rights of the Civil Code stipulates the right to residential rights and will be established by the contract; Article 1090 of the marriage and family stipulates the residence right established by the court referee. Based on the above legal provisions, the theoretical and practical circles say that my country's "Civil Code" adopts classification standards different from other countries, and establishes the type of residential rights by establishing. After careful analysis of the above provisions of the Civil Code, we will find that the right to residential rights and will be established in the contract for the establishment of the contract is based on the meaning of the parties to divide the type of residence. The intentional residential rights are in terms of intention, and the residence rights established by the court referee to determine the type of residence based on the main body of residential rights, which has nothing to do with the meaning of the parties. Objectively speaking, my country's classification standards have fully implemented the principles of autonomy and autonomy, and more of the founding of living rights to the parties will be voluntarily exercised. Foundation. At the same time, when the parties cannot reach the meaning of the establishment of the right to establish a residence and they do need to establish the right to residential, the referee may give one party to the right to residential rights by legal documents, which reflects the moderate intervention of the state's public power on the establishment of residential rights, and realized the realization of the establishment of the residential rights, and realized the realization of the establishment of the residential right. Fully respect the organic combination of the parties' intention autonomy and the state's moderate intervention in the private rights field. Of course, the type of residential rights is divided not only to fully respect the parties' autonomy and reflect the state's moderate intervention in the private rights field, but also to explore the purpose of the parties to set up residence in order to standardize and protect the right of residence. This is because in real life, the parties set up residence based on certain purposes, otherwise the ownership of the ownership will be divided into two parties, and the residence of residential and their facilities will not be used. It is particularly important that whether the right to live in social life really plays a role and what role has played, it is necessary to take the purpose of the establishment of the right to residential rights. In order to say, the purpose of the establishment of the right to residentiality directly determines the effective play of the function of the living right system. The types of human residence and the type of beneficial residence right can just solve the problem of judgment of the purpose of residence. However, based on the provisions of Article 366 and 371 of the Civil Code, it is not possible to judge whether the right to residentiality established by the parties is the right to residential or benefit, that is, the purpose of the party's right to establish a residence. In the solution of this problem, my country's "Civil Code" did not imitate the Legislative model of Germany. Instead of setting up a single law, the law of beneficial residence was provided in addition to the Civil Code. Article 369 and Article 366 and Article 371 Comprehensive use of the way to determine whether the right to residential residence established by the parties is the right to residential or benefit. When a specific case was encountered in the trial practice, the judge made two identification to determine whether the right to residentiality was human residence or the right to live. The first time is based on Article 366 and Article 371 to establish the right to residential rights or the residence rights established by the contract, and the second is based on Article 368 and Article 369 to determine the residence right established for the first time. Is the right to residential residence or the right to residential. Taking the residence rights established in the contract as an example, if the residential rights established by the parties' agreement, if they agreed to live in a paid, or they can rent it, it is determined that it is based on Article 368 and 369 as a beneficial residence right. (2) Residence rights established in contract

Article 366 of the Civil Code stipulates: "The resident owner has the right to use the right to use and use the right to use the right to use in accordance with the contract to meet the needs of life and living." Residence right. Based on the provisions of this article, the residence rights established in the contract refers to the right to residentially established the intention of the parties' intentions. Because the residential rights of the contract are the products of the parties' intentions, the residential rights established in the contract belong to the category of determining the right of residence.

The residence rights established in the "Civil Code" can be both human -oriented residence or use of beneficial residence.

1. Article 366 of the Civil Code clearly stipulates that the purpose of establishing residence rights is to meet the needs of living and living. This regulation is very in line with the characteristics of human service residence.

Since Rome France has been descended to meet the needs of people who live in a specific identity relationship, it is the legislative purpose of establishing a living right system for various countries, and the primary purpose of establishing the type of human service. And offering. In this way, with the evolution of time and the changes in social relations, although the provisions of the modern living rights systems of European countries are mostly incorporated into the needs of the society and the characteristics of the times at that time, there are people in various countries that have evolved in the evolution of the right to residential residence rights to use the right to use the right to use the right to use the right to use the right to use. The trend, but still has not changed the basic characteristics of the right to residence, mainly used to provide the right to residential residence of the person in the place where a specific person's place is, although the scope of the dwelling rights of modern countries, the "Roman law establishes the right to residential rights right The main purpose of providing the residence problem of a special group that does not have the right to inherit the right and lacks labor capacity "is still unchanged. On the contrary, in some countries, the legislative phenomenon of individual residential rights has also been established. The revision of the Japanese Civil Code is It is evidence. Although Japan has followed the Western property system, it has not stipulated the residential rights system at first. Until the amendment of civil law in 2018, the "Amendment to the Procedure Law of Civil Law and Family Cases" was passed on July 6, and a new spouse's residence system was set up. According to the law, the spouse's right to residentiality refers to the building where the spouse of the heirs lives in the building that belongs to the property of the heir to the beginning of the inheritance. When it meets certain conditions, the right to use and return for free use and income for the buildings where they live. Chapter 4 of the British Family Law "Family Housing and Family Violence" stipulates "the right to residential residence in marriage" in order. Although my country's "Civil Code" does not clearly specify the right to residential residence, if we examine the establishment of the residential right system, we will find that the right to residentially established in the "Civil Code" is mainly the right to residential residence. Article 366 of the Civil Code clearly clearly meets the prerequisites for the establishment of living and living as a prerequisite for living rights. In fact, through the establishment of this front conditions, the establishment of the right to settle in the establishment of contracts is the right to residential residence. In real life, people with "living and living needs" are relative to those who "have no need to live in life". There is a "demand for living and living". In order to solve the problem of living and daily life, we can realize living. For natural people, according to the high or low ability of house purchase and the number of housing, the demand for housing can be divided into three levels: the first level is "meeting the needs of living and living", and it is also the most basic level. It belongs to its own housing and has difficulty in buying an independent housing economy; the second level is "improving the needs of living and living", living at this level, owning your own housing, living and self -sufficient life, no need to set up the right to resident To solve the basic residence problem, even if it is established for the purpose of living, it is because of the purpose of improving the living conditions; the third level is "houseless housing". People who are in this group not only have multiple houses, but also the living environment and quality All are excellent, relying on their own housing can completely solve their own needs for the living environment and conditions. Different levels correspond to different residents, and each type of subject is specific. The main body corresponding to the residence of the "Civil Code" is the main body of the first level, that is, to meet the subject of living and living. In addition, this group of groups of financial resources are limited, and the establishment of residence rights is limited to free, which determines that the right of residence can only occur between the owners (such as parents, husbands and wives, children, etc.) who can only have a specific relationship with the residential person. Essence From the legislative background inspection of the living rights system of the Civil Code, the establishment of the residential rights of the legislature is to "meet the needs of the specific population." Social vulnerable groups, such as the protection of women, minors, and elderly people.

2. The provisions of Article 368 and 369 of the Civil Code also meet the characteristics of human residence. Article 368 of the Civil Code and Article 369 stipulate that the establishment of the right to residential rights and the right to resident feature. The establishment of unpaid establishment is obviously considering the economic ability of the main body of residence, and the non -transfer and inheritance limits the tools that use the right of residence as the benefit, and can only be used for their own residence. It can be seen that the legislature has clarified the attributes of the right to residential rights in my country. The basis of the living right system of the Civil Code should be human residence.

Of course, we say that the right to live in the contract stipulated in the "Civil Code" is human residence, but it does not mean that the "Civil Code" adopts an attitude of rejection of the right to use. It is the right to live with benefits. In terms of legislative technology, the Civil Code is in the form of the terms of the book to implement the provisions of the right to use. For example, Article 368 of the Civil Code is established without compensation for free of accordance with the provisions, and also allows the parties to set up residence rights in a conventional form. The parties are allowed to lease the house in the form of the agreed form. In my country, like Germany, two laws use two laws to specify the right to residential residence and benefit for use, but in the "Civil Code", through the method of removing the provisions of human service residence rights, the two residences will be rested, and the two residence will be residential. The power is included in a code. On the one hand, the right to residential residence as the main regulatory object, and take the "living" group in real life as an important adjustment object, on the other hand, it also takes into account the needs of the residential rights of the other two levels of groups. Based on the right to residential residence, we take into account the right to use. The right to residential residence can realize the demand for living in special groups. Using beneficial residential rights can "realize the diverse use of housing and effectively exert the economic functions and effects of housing". The purpose of use is undoubtedly in line with the development trend of my country's housing market. (3) The right to live in the will

Article 371 of the Civil Code established this type of residence, which refers to the right to residentially established based on the meaning of the party (owner) of the testor, and the testor to set up a residence right for others by a will. The testor clearly establishes the right to residential for others in his will. The right to live in the will, including the inheritance and premium of the will.

The residence rights established by the will have the following characteristics:

1. The residential power of the will of the will is based on the intention of the parties of the tentae, which is a unilateral civil legal act.

2. The right to live in the will is for free. Whether it is a will or a gift, it is an act of disciplined personal property during his lifetime to achieve the distribution of property after his death. This distribution can only be allocated for free. In the premises, the premise can attach some burden on the premium, but even if the burden is added, the additional burden is not the consideration of the premium, and it is not damaged to the free of charge.

3. Most of the residence of the will occur between the parties with a special relationship. According to the provisions of the Civil Code, the subject of the will inherited by the will is limited, and the scope of the heirs of the will is limited to the legal heir, and the legal heir must be a person with a relative relationship with the testor. Although the suffering person is a natural person and organization other than the legal heir, the premise person must set up a residential right for him, and must be a natural person or organization with a specific relationship with himself. Therefore, no matter what the situation, the resident owner is a natural person or organization with a specific relationship with the tentative (bearing).

4. The right to live in the will must be set up for others in their own homes.

The will is a unilateral civil legal act. The residence of the will of the will is a type of residence in order to settle the right to residentially. In terms of setting up, the tentative person transferred the residence of his own house to the person he wanted to give after his death, which reflected the will of the testor. The unpaid nature of the residence and the specificity of the residential owner determines that the residence rights established by the will stipulated in the Civil Code of my country can only be human residence.

(4) The right to live in the court referee

The residence right established by the court's referee refers to the residence right established by the judgment organs through the judgment. Earlier, the legislative level did not make clear stipulation on the right to residence. Only the "Supreme People's Court's explanation of several issues on the application of the" Marriage Law of the People's Republic of China "(1)" (1) "(expired), paragraph 3, paragraph 3. The form of helping those in difficulty in property can be the right to live in the house or the ownership of the house. The current civil code absorbs the judicial interpretation regulations. Article 1090 clearly stipulates that "when divorce, if one party has difficulty in life, the other party with a burden should give appropriate assistance. The specific measures shall be agreement between the two parties; Essence Among them, the divorce parties failed to negotiate the form of help. The people's court was determined by the judgment and was considered that the people's court could establish a residential right in the field of marriage and family through effective documents, that is, and the spouse's right to residential rights.

Judging from the provisions of this article, the establishment of a residential right in accordance with the referee shall meet the conditions stipulated in Article 1090 of the Civil Code: First, it is difficult to help one party in life, and there is no place to live after divorce, which is a difficult life; the second is the help of the divorce economy help. It must be proposed during the divorce and the premise of the other party's burden; the third is the form of helping those who help those in difficulties in the personal property of the house. If you provide residential rights, the judge can set up a certain period or condition on the right to residential rights according to the situation. When the period expires or the conditions are achieved, the party providing economic assistance will no longer assume economic help obligations.

In addition to the living right of the spouse, Article 229 of the Civil Code of my country stipulates that due to the legal documents of the people's courts and arbitration agencies, or the imposition of the people's government, the establishment, change, transfer, or elimination of property rights, or the decision to collect or eliminate it. Effective when effective. Based on this, the Civil Code of my country is generally believed to stipulate the residential rights established by the court. (5) Legal residence rights

Regarding whether the Civil Code stipulates the legal right of residence, there is currently controversy and has not yet reached a consensus. Some scholars believe that the Civil Code does not stipulate legal residence rights, while others believe that Article 229 of the Civil Code stipulates a legal right to residential. In this regard, we believe that to explore this issue and return to the concept of legal residence, statutory residential rights refers to the right to residential rights clearly stipulated by the law. As mentioned earlier, my country's "Civil Code" stipulates that the residence rights, the residence rights of the will of the contract, and the residence of the court referee set up. Therefore, it is believed that the claim that my country's "Civil Code" does not stipulates the statutory residential rights is inaccurate. Of course, as an open right system, the "Civil Code" only stipulates whether the above three types of residential rights can meet the needs of all classes of society and whether it is necessary to increase regulations such as the residence rights in the three categories of residence. The right of residence in China requires the consideration of legislators. As for the nature of Article 229 of the Civil Code, we believe that the provisions of the property rights that this article on non -civil legal actions refers to the facts of the law, such as inheritance, the court's effective judgment, and collection. The emergence, change and elimination of property rights. What it solves is not registered or delivered as the effective requirements for registration or delivery due to legal behavior, and issues such as non -dynamic product rights or not being registered with the validity of the property are not established. Regulations of the type of property rights. Taking the court's legal documents as an example, the court's legal documents in Article 229 of the Civil Code are not all the judgments, rulings and mediations of the court, but referring to the "formation legal documents", that is, it has the formation effect. Judgment and mediation. In the formation of the complaint, the court acknowledged the plaintiff's request to change the existing civil legal relationship, which was a judgment. The formation of judgment has the effect of changing the establishment or exactly the existing civil legal relationship and specific legal facts. It is the court's use of judgment changes or existing civil legal relationships (or civil rights) or specific legal facts, and it is not a new legal relationship or legal fact.

03

The impact of the type of residence rights on the function of the residence right system

According to the provisions of the Civil Code, the legislature first sets up the applicable areas of the social type living security of living rights through strict restrictions on the establishment conditions and power content, and then relaxes through the terms of the book and the autonomy of the applicable meaning. This legislation determines the positioning of my country's residential rights system. It must not only reflect the social security function of the residential right, but also reflect the economic function of the residential right system. The differences in the establishment conditions to distinguish between the different types of residential rights are better avoided. This determines that after the implementation of the Civil Code, the type of residence in real life in my country must be diverse. The residence rights, residential rights established by the contract set by the Civil Code, and the residence established by the court referee settled The main line is derived from the right to residential residence and the right to residential residence, forming a legal system of residential rights with historical heritage and modern demand, regulating and adjusting different types of residential rights, recognizing and protecting the flexibility of civil subjects for housing security for housing security. Arrange to meet the living needs of specific groups. Then stabilize the needs of the residential power to live in life.

Residence rights have an irreplaceable position and function. Research on the type of residence is more important than theoretical significance. "Living and living" is an important part of people's yearning for a better life. In modern society, the meaning of "yes" does not mean that everyone enjoys house ownership. Using it is also the meaning of "yes". "Three powers" and "three -point market" of ownership, residence, and lease rights will inevitably become a pattern of my country's real estate market. From the historical evolution of the right to residence, from the establishment of a residential right from ancient Rome, to the establishment of the right to residential in France, from the right to the people in ancient Rome to the benefit of the use of Germany, to the British and Japanese spouse's rights From the birth of the right to residence, the right to embrace social reality from an open mind, and adjust the public's demand for housing. Looking at the real society, the role of different types of residential rights is different. Human service rights and unilateral residence rights, as well as the living rights created by the referee, occur in family relationships with close relationships or close contacts, such as husband and wife relationship, support relationship, and support. Thicked the emotions between "relatives and friends", more reflecting the social security function of the establishment of residential rights, ensuring the living interests of specific groups in the family, maintaining social stability, meeting the living needs of specific groups, and highlighting the humanities of society's residence in specific groups Care and guarantee for people's livelihood. In terms of the treatment of specific cases, we must fully reflect the principles of affordability, the principles of ethicality, and the principle of fairness, and ensure that those who have difficulty living in marriage and family cases in accordance with the law live and live in accordance with the law. The needs of members and specific personnel. The right to residentiality and the right to use the right to use more reflects its investment function, fully release the possession, use, income, and punishment of the parties to give full play to the economic effectiveness of the house, meet people's dual demand for residence and investment, meet ownership of ownership, and meet ownership of ownership. The diversification of people's use of houses to optimize the allocation of house ownership and property utilization. In terms of the treatment of specific cases, we must fully reflect the principle of legal, respectful autonomy, and equivalent, in response to the urgent needs of the rapid development of the elderly service industry in accordance with the law, and promote the steady and healthy development of the real estate market in accordance with the law. In short, the type of accurate residence of residence will help distinguish the economic and social functions of houses, meet people's multi -level and diverse living needs, realize living in living, and meet the people's needs for a better life. *This article is published in the 4th issue of "China Application Law" 2022. Due to space limitations, comments, etc. are deleted, please refer to the original journal.

Source: China Applied Law

Edit: Fang Shuo

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