经济性居住权及其立法研究

Research on the Economic Right of Residence and its Legislation

源于罗马法的居住权以人役性为固有属性,在现代各国民法典继承过程中逐渐被赋予经济属性。经济性居住权在我国具有现实依据,是现代社会对居住权提出的新时代要求。经济性居住权发展自人役性居住权,二者在产生基础、特征及作用等方面存在较大差异。我国居住权立法应以经济性居住权的价值作为发展与完善的方向,以融合居住权的时代趋势。

The right of abode originated from Roman law takes human servitude as its inherent attribute,which is gradually endowed with economic attribute in the succession process of modern civil codes.The economic right of residence has realistic basis in our country,which is the requirement of modern society for the right of residence in the new era.The economic right of residence develops from the personal servitude right of residence.There are great differences in the basis,characteristics and functions between them.In the new era,the role of the right of residence in providing diversified ways of property utilization,encouraging social investment and maintaining market economic order has been ignored by legislation.The legislation of the right of residence in China should take the value of the economic right of residence as the direction of development and perfection,so as to integrate the trend of the times of the right of residence.