居住权与以房养老的契合 以住房反向抵押现存问题为切入点

The Corresponding of theRight of Habitation with Using House Property as the Living Means for One's Old Age

"以房养老"是缓解我国养老压力以及完善我国养老保障体系的有力措施之一,近年来有系统规定且得以落实的只有住房反向抵押保险的相关规定,由于此种抵押房屋换取养老金的方式与我国传统的物权法理存在冲突,且存在适用范围窄、运行模式单一等一系列问题,目前已无法满足我国现有的养老需求。我国应当构建完善的居住权制度,赋予其物权效力以便解决我国的养老问题。本文以住房反向抵押保险的现存问题为切入点,剖析居住权制度对我国以房养老的必要性及积极作用,并对正在采纳意见的民法草案物权编中的居住权的相关规定提出自己的想法和意见,以期进一步完善居住权立法,推动居住权制度与以房养老制度的有效结合。

"Using house property as the living means for one's old age"is one of the effective measures to alleviate China's pressure to provide for the aged and perfect China's endowment insurance system but in recent years only the related stipulations of reverse mortgage insurance are stipulated systematically and put in place.However,because the conflicts exist between this kind of method of mortgaging the houses to exchange the pension and China's traditional legal principles of real rights and a series of problems such as the scope of application is narrow and operation model is single and so on exist,it has already been unable to satisfy the present needs to provide for the aged in China in the present.The China should construct the prefect system of the right of habitation and entrust it real right effects so as to solve China's problem of providing for the aged.The article takes the present problems of reverse mortgage insurance as the point of penetration,analyses the necessity and positive effects of the system of the right of habitation on China's problem of using house property as the living means for one's old age and puts forward its own thoughts and opinions on the related stipulations of right of habitation in the section of real right of the draft of the civil code which is adopting the opinions to hope to further perfect the legislation of right of habitation and push forward the effective combination of the system of right of habitation and the system of using house property as the living means for one's old age.