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在我国制定《物权法》的过程中,对于是否规定居住权曾经产生过很大的争议。虽然最终公布的《物权法》没有规定居住权,但是这并不意味着关于居住权的讨论就此停止。本文从我国对居住权的讨论谈起,在介绍了居住权的产生及其在法德两国的发展后,得出居住权是一项旨在保护弱势群体的制度,而且不能被其他制度取代。从我国目前逐渐进入老龄化社会以及房价较高的具体国情来看,我国迫切需要对居住权进行立法,来解决没有房子的弱势群体的居住问题。
In the course of formulating the “Property Law” in our country, there has been a lot of controversy over whether or not to stipulate the right of residence. Although the final publication of the Property Law does not stipulate the right of residence, this does not mean that the discussion of residence rights ceases. This article starts from the discussion on residency in our country. After introducing the generation of residency and its development in France and Germany, it is concluded that residency is a system designed to protect vulnerable groups and can not be replaced by other systems . From the current situation of our country gradually entering the aging society and the specific national conditions of higher housing prices, it is urgent for China to legislate on the housing rights to solve the housing problem of the disadvantaged groups without houses.