本科毕业设计-试论我国居住权制度的设立问题

AbstractSince the reform and opening up, our country in the aspect of society and economic have achieved rapid development. Accompanied by the excessive expansion of the economy and even the generation of the bubble economy. The rapid economic development, making a series of social issues are also increasingly prominent. The most obvious problem is that people can not afford housing and basic rights are not met. The reason can not afford housing except the high land prices, there were some people who have real estate assets of the act. Although the state has adopted a series of policies, such as "ten countries" to determine if a legal system through legislation, then allowing people the right to housing is guaranteed by law, will be more insurance. Through analysis, that the residency system not only conforms to China's national conditions, but also solve the existing problems. Therefore, the establishment of residency system is very necessary. This causes the system to establish the right of residence as the starting point, relevant laws and regulations of foreign countries and propose solutions to problems in the establishment of residency, and finally set up residence emphasized the need for more good than harm. Key words: Personal Servitude ；Rights of Residence ；Necessity ；System Construction试论我国居住权制度的设立问题居住权制度起源于罗马，属于罗马法中人役权的一种，其出现晚于地役权。所谓居住权是指居住他人房屋的权利。最初仅作为受遗赠人享受某种利益的事实，在人役权的规则形成以后，判例上为了维护遗嘱自由的原则，尊重遗赠人的意志，对旧有习惯未加以改变。它具体表现为，居住权不因使用者不行使或人格变更而消灭，并且享受此项利益的人还可以把标的物出租。在地役权和人役权的二元结构体系中，居住权是层层缩小和受限制的用益权，是用益权的下属概念。一、确立我国居住权制度的重要...