Research on Legal Issues of Establishing Residential Rights by Will

Abstract

As society enters the era of aging, the housing problems of vulnerable groups such as the elderly and women have gradually become prominent. And disputes caused by housing rights have sharply increased. In order to alleviate the current severe housing situation, legislators have added the right to housing system to the property rights section of the Civil Code of the People's Republic of China (hereinafter referred to as the "Civil Code"), demonstrating the country's firm stance in maintaining social stability and safeguarding people's livelihoods.But nowadays, the establishment of the right of residence often occurs in the field of contracts. The establishment of the right of residence by will only involves one provision in the Civil Code, and also involves two fields: property rights and contract rights. In theoretical research, there are problems such as unclear formal requirements, vague rules for property rights changes, lack of application registration norms, and absence of rights relief procedures, which lead to the phenomenon of different judgments in the same case in judicial practice.Establishing the right of residence through a will is a concentrated expression of the testator's emotional expression and caring for the right holder, playing an important supporting role in the reasonable distribution of inheritance benefits and the provision of housing security. Through further research on this issue and proposing relevant improvement suggestions, it is not only conducive to promoting the improvement of the legal system of property rights in the Civil Code, but also to promoting judicial fairness; It is also conducive to safeguarding people's livelihoods and promoting social harmony and progress.