The Construction and Consummation of the Residency Right—Analysis based on the Chinese Civil Code

DOI

10.2991/assehr.k.201214.624How to use a DOI?

Keywords

The Chinese Civil Code, Residency Personal servitude, social security, economic function

Abstract

The residency right is a newly recognized usufructuary right in Chinese Civil Code, which originated from Roman Law and exists in both civil law system and common law system. As a property right, the setting of it needs registration. It contains the right of possession and use of other people’s houses, with the effect to exclude others’ interference. The significance of this right is embodied in social function and economic function for China. For the social function, it can provide an institutional basis for the reform of social housing security mechanism. As for the economic function, it contributes to the diversified use of personal property and the development of new business models. But the existing rules in Chinese Civil Code are still inadequate in terms of the setting rule, the realization of circulation and investment function and the repair obligation.

Copyright

© 2020, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

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TY  - CONF
AU  - Xuanyu Lu
PY  - 2020
DA  - 2020/12/16
TI  - The Construction and Consummation of the Residency Right—Analysis based on the Chinese Civil Code
BT  - Proceedings of the 2020 3rd International Conference on Humanities Education and Social Sciences (ICHESS 2020)
PB  - Atlantis Press
SP  - 849
EP  - 852
SN  - 2352-5398
UR  - https://doi.org/10.2991/assehr.k.201214.624
DO  - 10.2991/assehr.k.201214.624
ID  - Lu2020
ER  -