Some Issues on the Residency Right in the Chapter of Property Rights in the Civil Code

The residency right belongs to usufruct and it is also the personal servitude with personal attributes. The chapter of property rights in the Civil Code has prepared for adding the real servitude system in response to the real needs in society which deserve a mention, because the renting system cannot replace the function of renting. The establishment of the residency right benefits to achieving the objective of " residents having life” and promotes the use of housing. It is also an important system for improving housing security, helping to address the challenges of the aging population and meeting the housing needs of relocated households and family members of the staff from government agencies and institutions. The draft of the Civil Code’s property chapter (the second draft) accurately defines the personal attributes of the right to residency, but the relevant rules are excessively influenced and limited by the traditional one, especially defines unpaid residency rights making the effects of the system reduced. Therefore, it must break down barriers of traditional personal servitude and make transformation and reconstruction.