《民法典》居住权制度的体系展开

Unfolding the System of the Rights of Habitation in the Chinese Civil Code

近二十年,居住权终于入典,意义重大。不过,《民法典》物权编第十四章关于居住权的规定既有模糊之处,又有规范缺失,有必要在解释论上加以澄清,便于法律适用的同时,尽可能拓展其制度体系和适用场景。在系统讨论并扩展了居住权的主体、客体、权能的同时分析居住权的设立、伴随债之关系、移转和消灭等法律适用问题。借此使得作为一种新类型用益物权的居住权制度,从纸面规定变成现实中人们利用财产的一种新形式,并借助实践不断丰富、发展和完善。

It is significant that the right of habitation has finally been incorporated into the Civil Code after nearly twenty years’efforts.However,provisions of the right of habitation in ChapterⅪⅤof BookⅡReal Rights is ambiguous and anomic to some degree.Therefore,it is necessary to interpret these provisions relying on hermeneutics and expand the system and application scenarios of the right of habitation as much as possible while ensuring its legal application.This article systematically discusses and extends the subject,object and powers of the right of habitation and analyzes its legal application,such as its establishment,the relationship between accompanying debt,its transfer and extinction.By further discussing and analyzing this new type of usufruct,this article aims to make the right of habitation into a new way of utilizing property in real life rather than on paper and enable this system to be constantly enriched,developed and improved through practice.