以房养老视角下居住权制度的实施困境和规则完善

Addressing Challenges and Enhancing Rules for Residential Rights in Housing Supportfor the Elderly Implementation

我国老年人口基数大增速快,养老问题面广难度大。此前,引入“以房养老”概念,并创造出30种“以房养老”产品,因与国情融合不紧密,且缺少法律支撑,收效甚微。《民法典》虽设立居住权,但思想保守,适用性不强,以房养老仍困难重重。本文紧扣房屋所有权转移下以房养老制度对居住权的需求,建议完善适用规则。

The surge in China's elderly population presents a complex challenge in elderly care.The concept of"housing support for the elderly"was introduced,resulting in the creation of 30 related products.However,due to a lack of tight integration with the national context and insufficient legal backing,the impact has been minimal.Despite the establishment of the right of residence in the Civil Code,its conservative nature and limited applicability hinder efforts to tackle the challenges associated with"housing support for the elderly."This article delves into the need for residential rights in the"housing support for the elderly"system,considering property ownership transfers,and suggests improvements to the applicable rules.