| The value basis of the Right of Habitation lies in its multiple functions(social, general property and investment functions). The legal relationship of the Right of Habitation presents a trend of commercialization, but the Real Rights′ provisions in Civil Code fail to reflect this point. Although they see the Right of Habitation as a "new usufruct right", they restrict the type, scope of power, scope of subject, and disposability of this right, so that the Right of Habitation cannot escape the influence of personal servitude. In this regard, it is advisable to classify the Right of Habitation on the basis of the social function of the right of Habitation, and use interpretation techniques to fill the loopholes in the rules before the classification, to open up space for the function of the Right of Habitation and its commercialization, so that the civil law and commercial law could have a better interaction. |