On the Commercial Utilization of Right of Habitation

Abstract

The introduction of the “right of habitation” is a bright spot in the Civil Code of the People's Republic of China, but it has not broken through the traditional attribute of personal servitude and excluded the commercial use. From the historical evolution and realistic demand of the right of habitation, this choice of the function does not meet the needs of our market economy and the development of modern society. Therefore, from the right attribute and functional shift of the right of habitation, this paper holds that the right of habitation has the possibility of commercial use. But to strike a balance between the diversified needs of market players and the unique nature of the right of habitation system, the commercial utilization of right of habitation shall have an appropriate scope of application, and limit the scope of holders to natural persons.