A study of the legal aspects of the creation of a right of residence by means of a will
DOI:
https://doi.org/10.54097/ehss.v18i.10945Keywords:
right of abode; testamentary creation; registration rules; balance of interests.Abstract
The Civil Code, which came into force on 1 January 2021, establishes for the first time the manner in which the right of abode is to be established in the form of an article of law. However, there is no clear provision on how the right of residence is established by way of a will, and judicial practice is not uniform in its determination. By analysis the rules on the subject and object elements of the system of registration of the right of residence by will, it is easy to see that the main lack of foundation for the system is the conflict of rights: the conflict of interests between the heir and the owner of the right of residence, and the conflict of rights between the public interest and the private interest. Taking this as the basis, we will explore the path of perfecting the system of registration of the right of residence established by will, and determine the value orientation of protecting the vulnerable groups.
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