On the Commercial Utilization of Right of Habitation
DOI:
https://doi.org/10.54691/bcpbm.v15i.200Keywords:
Right of Habitation; Personal Servitude; Commercial Utilization.Abstract
The introduction of the “right of habitation” is a bright spot in the Civil Code of the People's Republic of China, but it has not broken through the traditional attribute of personal servitude and excluded the commercial use. From the historical evolution and realistic demand of the right of habitation, this choice of the function does not meet the needs of our market economy and the development of modern society. Therefore, from the right attribute and functional shift of the right of habitation, this paper holds that the right of habitation has the possibility of commercial use. But to strike a balance between the diversified needs of market players and the unique nature of the right of habitation system, the commercial utilization of right of habitation shall have an appropriate scope of application, and limit the scope of holders to natural persons.
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References
Compiled by the Civil Law Office of the Legal Work Committee of the Standing Committee of the National People's Congress: "The Legislative Background and Viewpoints of the Property Law", Law Press, 2007 edition, p. 49.
Zeng Dapeng; "The Judicial Dilemma, Function Evolution and Legislative Reconstruction of the Right of Residence", published in "Science of Law", Issue 12, 2019.
Xiao Jun: "How "Residence" Becomes a Kind of Property Right: From Roman Law Tradition to Contemporary Chinese Residence Right Legislation", published in "Science of Law (Journal of Northwest University of Political Science and Law)" No. 3, 2019.
Gu Mingan and Jiang Shengyang: "The Necessity and Institutional Structure of the Establishment of Residential Rights in my country's Civil Code", published in Journal of Southwest University for Nationalities (Humanities and Social Sciences Edition), Issue 2, 2020.
Lu Xiaoming: "The Positioning and Rule Design of the "Right of Residence"", published in "Chinese Law" Issue 3, 2019.
Chen Huabin: "The Construction of the Human Servant System-Concurrently Discussing the Regulations on the Right of Residence in the "Draft of the Civil Code", in "Comparative Law Research", Issue 2, 2019.
Wang Liming: "Revision and Improvement of the Property Rights of Our Civil Code", published in "Academic Monthly", Issue 7, 2019.
Tan Qiping and Fu Yiyao: "The System of the Right of Residence in the Civil Code and Its Realization Path", published in "Jiangxi Social Sciences" Issue 12, 2020.
Xi Zhiguo: "Analysis of the Legal Doctrine of Right of Residence", published in "Nanjing Social Sciences", Issue 9, 2020.
Shen Weixing and Yang Xu: How should the Chinese Civil Code stipulate the right of residence?, in "Comparative Law Research", Issue 6, 2019.
Wang Liming: "On Several Issues of Residence Right in the Property Rights of the Civil Code", published in "Academic Monthly", Issue 7, 2019.
Fang Shaokun: "On the Right of Residence in the Civil Code", published in "Modern Law", Issue 4, 2020.