对我国居住权立法的思考

居住权制度作为一项独特的且被很多西方国家所接受的物权制度,固然有其自身的价值和意义,但从居住权制度的历史发展和特点来看,其本身也存在难以克服的局限性;从我国的实际情况来看,传统居住权的功能可以为很多已有立法所替代;从居住权的立法结构来看,我国物权法无设置居住权的可行性。因此,我国物权立法目前还不太适合将这一制度移植过来。

The Legislation Refelection on Habitatio in China

The system of habitatio as a particular real right system has been accepted in many western countries. It obviously has its own merit and significance,however,from the historical reference and feature of the system, we can also observe some insurmountable limitatios of it. What is more, in the reality of Chinese legislation system, the function of the traditional habitatio might have been replaced by other legislations. And from the angle of legislative structure, there is no feasibility to institute the habitatio system. Thus, it is not proper now to transplant this system to our country.