Modern Social Science Research

The Civil Code of the Peoples Republic of China established the right of habitation system for the first time, endowing it with the attribute of usufructuary right, and it has both social security and family ethical values. The establishment of a right of habitation through a will, as one of the legal methods, has sparked academic controversy due to conflicts in the application of legal provisions regarding its effective date and registration effect. Based on the relevant provisions of the Civil Code and judicial practice, this article focuses on the two types of testamentary succession and bequetry, explores the differentiated determination of registration validity, and holds that a flexible approach should be adopted: the establishment of the right of habitation through testamentary succession should follow the "registration declaration principle", that is, the property right takes effect at the beginning of the inheritance, and the registration only has the function of public announcement. The bequest method is subject to the "registration validity principle", and it only acquires the effect of real rights after going through the registration process. The flexible and adaptable approach advocates breaking the "one-size-fits-all" model. By subdividing the types of will forms, it strikes a balance between the legislative intent and practical needs, avoiding the risk of a "gap period" in the estate and aligning with the spirit of the rule of law of "settling disputes by dividing the estate".

Right of residence; Will inheritance; Bequest; Registration effect; Property Rights Section of the Civil Code; Usufructuary right