Judicial Application and Improvement of Rules for the Right of Habitation in China’s Civil Code

Abstract

The addition of the right of habitation system in the Civil Code is of great significance, which not only makes up for the deficiency of relevant laws and regulations, optimizing the allocation of real estate resources but also helps to strengthen the protection of person having a right of habitation. However, there are still some defects in the relevant provisions of the right of habitation, such as failing to link up with the mortgage system, failing to stipulate the preemption right, the legal right of habitation, and the single way of extinguishment. Based on this, the article discusses the right of habitation system from the above aspects, points out the shortcomings of the existing norms in the Civil Code, and puts forward corresponding suggestions, which can be used for reference in order to improve the relevant legislation of the right of habitation in China and refine the protection of the right of the person having a right of habitation.