我国投资性居住权的概念厘清与解释路径

Clarification of the Concept and Interpretation Path of Investment Residential Rights in China

居住权入典对于实现长期稳定的居住目的和有效发挥房屋效用具有重要意义,但投资性居住权的缺位使得这一新型用益物权难以切实回应社会现实需求,实现立法目的。《民法典》涉及居住权的寥寥条文趋于保守,限定了投资性居住权的发展空间。我国应依其不同适用领域将投资性居住权区分为以房养老、建筑造价补助和分时度假酒店等三个类型;同时应当明确自然人、法人和非法人组织为居住权的主体,把住宅扩张解释为商业运营的功能性住房纳入居住权客体范围。就权利内容方面,认可投资性居住权的有偿性、继承性和可转让性。

The registration of residency rights is of great significance for achieving long-term stable residency purposes and effectively exerting the effectiveness of houses.However,the absence of investment residency rights makes it difficult for this new type of usufructuary right to effectively respond to social needs and achieve legislative purposes.The few articles in“The Civil Code”that deal with residency rights tend to be conservative,limiting the development space for investment residency rights.China should classify investment residential rights into three types based on their different applicable fields:housing for elderly care,construction cost subsidies,and timeshare hotels.At the same time,it should be clarified that natural persons,legal persons,and unincorporated organizations are the subjects of residential rights,and the expansion of residential buildings should be interpreted as functional housing for commercial operation,which should be included in the scope of the object of residential rights.In terms of the content of rights,recognize the paid,inherited,and transferable nature of investment residential rights.