Improvement of the System for Excluding Compulsory Enforcement of the Right of Habitation in China

Abstract

The right of habitation originated in Roman law, which established a right centered on possession and use over the husband’s or master’s dwelling to address the housing needs of women in marriages without ‘manus’ and emancipated slaves. In China, the right of residence was first formally articulated in 2002 . A more detailed draft provision was introduced in 2005. While some scholars argued that the scope of application of the right of habitation is narrow and there is no need to establish it. The right was ultimately incorporated into the Civil Code in 2021, reflecting the national commitment to "housing for all".The codification of the right of habitation serves to protect vulnerable groups and enhance family harmony and social stability. However, the system remains underdeveloped, leading to difficulties in the enforcement against properties subject to such rights. This study collects and categorizes relevant judicial cases to identify operational challenges and proposes refinements. The paper examines foreign legal regimes governing residential rights, analyses the implementation status in China, investigates causes of enforcement obstacles, and proposes recommendations for system improvement.