A Preliminary Study on Creating the Right of Habitation for Houses Built on Homestead Land
The right of habitation is stipulated for the first time in the Civil Code.Through the interpretation theory and the analysis of the national rural revitalization policy,it is legitimate to create the right of habitation for houses built on homestead land,which is conducive to revitalizing the vacant homestead and promoting the rural revitalization.However,with the separation of rural land ownership rights,contract rights and land management rights,creating the right of habitation for houses built on homestead land makes the occupants obtain part of the right to use the homestead,which essentially expands the main body of the right to use the homestead from the members of the collective economic organization to the outside,therefore,it is the manifestation of the expansion of the right to use the homestead.According to the theoretical development of servitudes personarum,the expansion of the right to use homestead is reasonable,and it is a realistic requirement to exert the economic value of homestead,but meanwhile it should be controlled within the necessary scope.While realizing the further transfer of the right to use homestead,the right of habitation retains the ownership of homestead in the collective economic organization due to its strict transfer restriction,which limits the expansion of the right to use homestead,and is also the best plan for the further transfer of the right to use homestead.According to the principle of"integration of land and house"and the practical problems in the process of rural homestead transfer,the subject,method,object and benefit distribution of creating the right of habitation for houses built on homestead land should also be changed.
"three rights separation"of homesteadcreate the right of habitationtransfer of the right to use homesteadexpansion and limitation
万方数据
维普
