Page 26 - 2021 Policy Watch

Policy Watch: A Milestone in Legal Development: China Promulgates a Civil Code

3. Property Rights ???é«?ººæ°???¢å?äº?????å¢?¾µ??´£ä»»ç?纷æ?ä»?
???æ³???¥å¹²?????§£?????????¡ä?è§??ç»??
The Civil Code consists of 5 sub-chapters, 20 chapters ä¾µæ?人è?æ±??æ³????»¥è£??污æ???????å¢?¿®å¤?
and 258 articles regarding property rights. The changes 责任???????æ³???????»¥è¦??污æ???¿®å¤????
mainly cover the rural collective property rights sys- ????????¸»ä½???´ä?æ³???©å¤§?³å?家æ??³æ?æ³?
tem, the condominium ownership system, the right to å¾??å®??ç»????
reside, the collateral rights system and renewal of the
right to usage of residential construction. 5. ?»å?ç¼?

a. Usufruct: right to reside ???æ³?????»å?ç¼?????ï¼???¾é??????????
?????æ³???????æ¯??å®??äº???¤å?åº????äº??
The Law of Property Rights provides four privileges: the ?©å?åº??æ°??责任?¶åº¦ï¼?¡®ç«???¹å?æ³?ºº?¶åº¦??
right to use land for construction, land contractual ???æ³?????æ³??ç¨?¸»è¦??为两步ï?ç¬??æ­¥æ???
management rights, the homestead use and easement. å®????æ³??»å????ç¬??æ­¥æ??´å??¶ä?æ°???ºæ?æ³?
The Civil Code, based on this, adds the right to reside å¾??ç»?????æ³??»å?????°ä¸º???æ³???????
as a new right of usage. The right to reside means that æ­¤ï????æ³?????»å?ç¼?????æ³??»å????æ¯????
a person with right to reside has the right of possession è¾????
and use of a residence of others in accordance with a
contract or will, in order to meet life?? requirements46.

The history of legislation on rights to reside can be
traced back to Roman Law. In Roman Law, the laws on
personal servitude are established to protect divorced
women, babysitters and other specific persons or the
disadvantaged. In the German Civil Code, the right to
reside is divided into two types, one is the traditional
right to reside, which is for protection of the right to
reside of the weak or a particular person, and the other
is the general right to reside, including the right to re-
side through investment. One of the main reasons why
China?? Civil Code decided to include the right to reside
is ??o provide legal protection for public rental hous-
ing and housing for the elderly??47, which provides that
the right to reside is not limited to divorced women,
babysitters and other disadvantaged or specific groups
of people under protection; rather, it is the right to re-
side in general, with features of investment, and can be
applied to ??ousing for the elderly??.

Pursuant to the Civil Code, the right to reside can only
be established for a residence, but not for a house.
Therefore, shops and other commercial housing can-

46 Civil Code, Article 366
47 Explanation on Sub-sections of the Civil Code (draft) ----- at the
5th Meeting of the Standing Committee of the 13th National People??
Congress on 27th August 2018, by Shen Chunyao, director of the Leg-
islative Affairs Commission of the Standing Committee of the National
People?? Congress

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