Empirical Research on the Protection of the Residential Rights of the Elderly in Judicial Practice
Abstract
The establishment of the right of residence in the Civil Code aims to meet the living and residential needs of the right holders, ensuring housing security for specific vulnerable groups, including the elderly, and maintaining social stability. However, in judicial practice, there are still some challenges concerning the establishment methods, rights and obligations, grounds for termination, and applicable conditions of the right of residence. These issues prevent the full protection of elderly individuals' residential rights and the realization of the legislative intent. To address these problems, it is necessary to further clarify the conditions for establishing the right of residence, balance legal provisions with public order and morality, uphold a unified standard in judicial adjudication, and clearly define the boundaries of the rights and obligations of the right holders to provide robust housing security for the elderly.
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