Regulations and Restrictions on the Establishment and Existence of Residence Rights in Civil Code——From the Perspective of Preventing the Abuse of the Right of Residence
The legislative purpose of adding the right of residence to the Civil Code is to give full play to the function of housing security of the right of residence to meet the housing needs of socially disadvantaged groups.As the real estate registration agencies in various places have successively carried out the registration of the right of residence,the right of residence has come into reality from the legislative level.However,the exist-ing laws on the right of residence are too loose,and there is a possibility that the right to abuse the right of resi-dence to evade debt performance and transfer it to the field of creditor's rights guarantee instead of transfer of ownership and guarantee may evolve into a speculative tool for profit-making.In order to implement the right of residence for its legislative purpose,to exclude the abuse of the right of residence,and to focus on the core goal of"meeting the needs of living",the rules for establishing and eliminating the right of residence should be refined.With the principle of the uniqueness of stable residence and the principle of timely elimination of rights,the abuse of the right of residence can be avoided to the greatest extent,and it can provide guidance for the right of residence to move from the legislative level to the practical application.
right of residenceabuse of rightshousing securityusufruct
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