중국 민법전 거주권에 관한 연구

In the Chinese Civil Code real rights section, which took effect in 2021, the right of residence was legislated as one of the usufruct right. The right of residence under the Chinese Civil Code is a type of personal easement that has been recognized by Roman law, and is a usufruct right in which another person's house provides benefits to a specific person. The right of residence is divided into the setting by written residence contract and the setting by will. The residence right cannot be acquired only by the residence right contract, and the residence right is acquired as a real right only when the residence right is registered. The establishment of the right of residence by will includes both will inheritance against the legal heir and bequest to those other than the legal heir on the premise that the will is valid. The right of residence under the residence right contract and the right of residence by will must be established to satisfy the demand for a specific person's residence life. Therefore, residential rights cannot be established, not for the purpose of satisfying the demand for residential life, and in this respect, the right of residence are expected to play an important role in solving the current problem of the Chinese people, especially the disadvantaged. This paper analyzes theories and precedents on the significance, legal nature, establishment, and extinction of the right of residence as a usufruct right newly established in the Civil Code of China. In addition, we will consider specific ways to utilize the system of residence right in China.