As a new property right added to the Civil Code,right of habitation may increase the burden on the owner's creditors and give rise to the problem of conflicting rights within the Code.The ambiguity between the positioning of the function of protection and the boundary of application creates a dilemma in the legal application of the conflict of rights in the right of habitation.It is also difficult to meet the requirements of balancing the residency interests,such as the legal interpretation that property rights are superior to claims,the priority of rights established first,and the superiority of legal rights over intentional rights.The right of habitation,together with the lease contract,kinship,and the principle of public order and good morals,constitute the protection system of residency interests,and have their own adjustment objects of legal interests.Clarification of the empirical needs about local economic and social development and institutional system for the new right can clarify the legislative intent of right of habitation.The application of the law in the event of a conflict of rights in the right of habitation should be based on the premise of identifying the"real"right of habitation,and on the order of realization of the legal interests agreed upon in the contract on a right of habitation.In the absence of such an agreement,the equal protection should be given to the residency interests and the realization of creditor's rights.
right of habitationresidency interestsconflict of rightsa legal system with Chinese characteristics
NETL
NSTL
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