Conflicts Among Homestead Ownership,Homestead Usufruct and House Ownership Rights and Their Resolution:Achieving the Goal of the"Separation of Three Rights"of Homesteads as a Starting Point
Under the objective of"Separation of Three Rights",the homestead system should be reformed with the goal of facilitating the"dynamic"circulation of homesteads and their houses to fully unleash the property rights attributes of homesteads.However,the current legal and policy framework of homesteads was established based on the"static"protective function of homesteads,and conflicts of rights arise from the ownership and usufruct of homesteads and the ownership rights of houses due to transactions such as buying,selling,inheriting,gifting,leasing,mortgaging,or other business activities.The key to resolving these conflicts lies in the creation of the qualification right of homesteads.The qualification right of home-steads may change due to changes in the identity of the holder of the qualification right of homesteads,or due to the acquisition,transfer,and return of the right to use homesteads.Therefore,it is feasible to elim-inate the farmer identity restrictions of the rights to use homesteads and set a term for the use of homesteads while maintaining the function of protecting the residential interests of farmers in the initial allocation of homesteads,to achieve orderly circulation of homesteads and houses on land.
homestead ownershiphomestead usufructhouse ownership rightshomestead separation of three rights
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