Article Open Access http://dx.doi.org/10.26855/jhass.2023.01.022
On the Object of the Right of Residence in the Property Title of the Civil Code
Huiting Jiang
Changchun University of Science and Technology, Changchun, Jilin, 130022, China.
*Corresponding author: Huiting Jiang
Published: February 9,2023
Abstract
The property rights section of the Civil Code of the People's Republic of China stipulates that the object of the right of residence is "someone else's residence", but the relevant provisions are both vague and missing. It is necessary to clarify its connotation and extension from the perspective of hermeneutics. The object of the right of abode includes ancillary facilities that are partially necessary for life, while the non-essential facilities need to be agreed upon, Ancillary facilities that are not agreed upon are not necessarily covered by the object of the right of residence. The dwelling part may establish the right of abode and the corresponding place may be registered in the register. The objects of the right of residence include stock housing, pre-sale commercial housing, policy houses with full property rights, hotel-style, service-type, and business apartments that meet the conditions, and rural self-built houses, The right of residence can no longer be established on policy-oriented rental housing such as public rental housing and talent apartments.
References
Deng Ying. Analysis on the registration of right of residence [J]. Shanghai Real Estate, 2021, (06):60-62.
Fang Shaokun. On the right of abode in the Civil Code [J]. Modern Jurisprudence, 2020, (04):83-98.
Tan Qiping, Fu Yiyao. The system of the right of abode system of the Civil Code and its realization path [J]. Jiangxi Social Sciences, 2020, (04):148-159.
Wang Liming. Highlighting the Times: The Distinctive Features of China's Civil Code [J]. East Methodology, 2020(04): 5-17.
Wang Rongzhen. Objects of residency from the perspective of hermeneutics [J]. Comparative Law Research, 2021, (06): 46-57.
Xia Jianghao. Legal Application of the Civil Code Divorce Property Division and Divorce Relief System: Focusing on Protecting the Legitimate Rights and Interests of Rural Women [J]. Journal of Huazhong University of Science and Technology (Social Science Edition), 2020, (04):115-124.
How to cite this paper
On the Object of the Right of Residence in the Property Title of the Civil Code
How to cite this paper: Huiting Jiang. (2023) On the Object of the Right of Residence in the Property Title of the Civil Code. Journal of Humanities, Arts and Social Science, 7(1), 167-170.
DOI: http://dx.doi.org/10.26855/jhass.2023.01.022