从家庭居住协议探讨我国民法典居住权制度

Discussion on the Residence Right System of Chinese Civil Code from the Perspective of Family Residential Agreements

2021年施行的《中华人民共和国民法典》首次规定了居住权。居住权的设立保障了弱势群体的合法权利和居住需求,对维护社会稳定和促进经济发展有着重要贡献,同时亦完善了我国用益物权体系。但我国民法典关于居住权的规定亦存在其局限性,仍有大量的现实问题无法解决。本文以家庭居住协议为视角,从居住权人的范围、居住权设立与消灭的角度探讨居住权制度存在的不足,在此基础上提出扩大居住权人的范围、采用登记对抗主义、增加居住权消灭机制三个方面的完善建议。

The Civil Code of the People’s Republic of China, which will be implemented in 2021, stipulates the right of residence for the first time. The establishment of residence rights protects the legal rights and residential needs of disadvantaged groups, makes an important contribution to maintaining social stability and promoting economic development, and also improves our country’s usufructuary rights system. However, the provisions of my country’s Civil Code on the right of residence also have limitations, and there are still a large number of practical problems that cannot be solved. This article uses the family residence agreement as the perspective to explore the shortcomings of the residence right system from the perspective of the scope of residence rights holders, the establishment and elimination of residence rights. On this basis, suggestions are proposed for improving the three aspects, including expanding the scope of residence rights holders, adopting registration antagonism, and increasing residence rights elimination mechanism.