Applicable Value and Legislative Analysis of the Right to Dispose of Residency
China's Civil Code prohibits the adoption of the right to dispose of residency.Although China's residential rights system is formulated in the era when a series of prominent problems are emerging,including aging of population,urgent demand of housing and so on,it inherits the traditional servile residential rights in Roman law.In practice,the limited disposal of residential rights has revealed issues such as limited economic benefits and difficulty in implementing multi-channel housing security.Meanwhile,the existing cooperative housing construction in China,PPP projects and timeshare hotel models require corresponding legal regulations on investment-based residential rights,which indicates that the right to dispose of residency is of practical value in breaking restrictions in China.It is suggested that we should take advantage of the extraterritorial residential rights system to improve the legislation of the right to dispose of residency in China,and to re-formulate the rules for the right to dispose residency in China from the perspectives of legislative style and balance of interests among relevant rights holders,which will fully leverage the advantages of the residential rights system and highlight the essence of its usufructuary rights.
residential rightstransfer of residential rightsthe right to disposeinvestment-based residential rights
万方数据
维普
