Shanghai Hansheng (Ningbo) Law Firm, Ningbo University, Master of Law, Ningbo, China
The home rental disputes continue, in the face of the tenant's strong malicious price increase, termination, interest-driven and unexpected situation, the tenant in a vulnerable position falls into a predicament and is in constant panic, which is not only a social problem, but also a legal problem. Therefore, it is particularly necessary to justify the tenant's right of defense against poverty. The lessee's right of defense against poverty refers to the lessee's right to refuse to perform if performance is bound to affect his survival interests, based on his own poor situation. In terms of value measurement, it focuses on the protection of survival interests. It is not only supported by the reality of sample survey, but also by human rights theory, residential rights theory and extraterritorial law, which is feasible. So the right of defense against poverty should be perfected in legislation and interpreted the system in court.
Home Rental; Tenant's Right Of Defense Against Poverty; Human Rights; Residential Rights and Interests; Civil Code
Yuming Zhang. A Suggestion of the Tenant's Right of Defence against Poverty into the Chinese Civil Code—On the Construction of the System of Right of Defense against Poverty. Academic Journal of Humanities & Social Sciences (2021) Vol. 4, Issue 7: 9-18. https://doi.org/10.25236/AJHSS.2021.040703.
 Lianzhou Zhang. Legislation and regulations need to be strengthened to control group rent chaos [N]. China Construction News, 2019-8-12 (2).
 Yong Xia. Chinese Civil Rights Philosophy [M], Beijing: Life· Reading· Xinzhi Sanlian Bookstore, 2004.9:168.
 Xianming Xu. On the Right to Subsistence [J]. Chinese Social Sciences, 1992 (5): 39-57.
 Piliang Shangguan, Yongsheng Lu, Zhongyi Zhu. Principles of the Constitution [M]. Suzhou: Soochow University Press, 2013, 8: 134.
 Geng Yang. On the right to subsistence and development as the primary human rights [J]. Journal of Capital Normal University (Social Science Edition), 1994(4): 47.
 Congzhi Qiu. On the New Debt Law (Part 1) [M]. Yao Zhiming's revision, Beijing: Renmin University of China Press, 2006: 228.
 Liming Wang. On several issues of residency rights in the property rights edition of the Civil Code [J]. Academic Monthly, 2019 (7): 91-100.
 Pengsheng Sui. The original theory of usufruct creditor's rights [M]. Beijing: China University of Political Science and Law Press, 2015: 193-194.
 Huabin Chen. Property Law [M]. Beijing: Law Press, 2004: 453.
 Jun Xiao. How does "residence" become a kind of real right — From Roman law tradition to contemporary Chinese residency legislation [M]. Law Science (Journal of Northwest University of Political Science and Law), 2019 (3): 102.
 German Civil Code [M]. Weizuo Chen 's translation and annotation, Beijing: Law Press, 2010, 6: 202, 208-209.
 [Germany] Larenz. General Theory of German Civil Law (Part 1) [M]. Translated by Xiaoye Wang and others, Beijing: Law Press, 2013.3: 76.
 Quebec Civil Code [M]. Translated by Jianjiang Sun and others, Beijing: Renmin University of China Press, 2005: 238.
 Portuguese Civil Code [M]. Translated by Xiaoqing Tang, Beijing: Peking University Press, 2009, 8: 191.