居住权逃避执行研究

Research on Using Residency Rights to Evade Enforcement

居住权制度最早不是在大陆法国家出现的,其实早在罗马法中就对居住权有了规定,虽然大陆法对该制度有了继承和发展,但制度本身所具有的维护家庭成员利益的特质,并没有改变。随着我国司法进程不断推进,让人民幸福安康,住有所居成为党的二十大的新的目标。《民法典》出台以后,设立居住权可以为我国长期以来面临的一系列住房问题得到缓解,为即将面临的住房问题指明前进的方向。但是,在以往的司法实践当中,经常出现债务人与第三人恶意地签订合同来逃避法院的执行的现象,居住权制度问世以后,作为一种更具有对世性和排他性的权利,债务人将更有可能选择其作为一种逃避执行的方式,由此也会衍生出来的执行难的问题。为了解决此类问题,笔者认为有必要对其进行研究,以期发挥居住权的积极作用。

The right of abode system did not first appear in continental law countries. In fact, there were provisions on the right of abode in Roman law as early as possible. Although continental law inherited and developed this system, the characteristic of safeguarding the interests of family members inherent in the system has not changed. With the continuous advancement of the judicial process in our country, making the people happy and healthy, and having a place to live has become a new goal of the 20th National Congress of the Communist Party of China. After the promulgation of the Civil Code, the establishment of residency rights can alleviate a series of housing problems that China has been facing for a long time, and point out the direction for the upcoming housing prob-lems. However, in previous judicial practice, it was common for debtors to maliciously sign contracts with third parties to evade court enforcement. After the emergence of the residency system, as a more worldly and exclusive right, debtors will be more likely to choose it as a way to evade enforcement, which will also lead to the problem of difficult enforcement. In order to solve such problems, the author believes it is necessary to conduct research on them in order to play a positive role in the right to reside.