居住权问题研究

居住权起源于罗马法,后为欧陆各国民法典所承袭.本文根据我国社会发展的现状,对是否有必要在我国物权法中确认居住权制度及居住权能否融入现有制度框架体系等问题进行了探讨.本文还就居住权的特点、居住权的取得和消灭、居住权的效力等具体问题提出了立法设想.

A Study of the Issue of Habitatio

Habitatio, or the right of residence, originat es from the Roman Law and is later introduced into the Continental European civil codes. In view of th e current social development of China, this article discusses the necessity to i nclude a chapter of the right of residence in Jus Rerem, or Law of Things to be made in China, and the feasibility for the right of residence to be included in the existing legislative framework. The article puts forward some legislative s uggestions by discussing the right of residence in terms of such aspects as its features, the acquisition and termination, and its legal effect.