【线上云德】疫情期间律师说（一百六十五）┃关于居住权的法律知识

“居住权”到底是什么？“居住权”是指居住权人对他人所有房屋的全部或部分所享有的占有、使用的权利。通俗点讲，“居住权”就是按照合同约定，占有、使用他人住宅的权利。再通俗点讲，就是房子是别人的，住户却不算租户，不用付房租。

What exactly is "right of residence"? "Right of residence" refers to the right to possess and use all or part of the houses owned by others. In layman's terms, the "right of residence" is the right to occupy and use another person's house in accordance with the contract. In layman's terms, the house belongs to someone else, but the residents are not tenants and do not have to pay rent.

第一、居住权的主体是特定的公民，即有合法依据而占有房屋的公民。第二、居住权的客体只限于房屋。如出租人的房屋。第三、居住权属于一种用益物权。居住权人对房屋的使用应限于居住的目的。第四、居住权的取得应有法定的依据或有关合同的约定。第五、居住权的取得应办理登记手续，并受国家法律的保护。

居住权设定的目的在于将房屋所有权在居住权人和所有人之间进行分配，从而满足各自不同的需求，既可以实现特定弱势群体的住房保障，也可以灵活地满足当事人的其他住房需求。

First, the subject of the right of residence is a specific citizen, that is, a citizen who has a legal basis to occupy a house. Second, the object of residency is limited to houses. Such as the lessor’s house. Third, the right of residence is a kind of usufructuary right. The use of the house by the holder of the right of residence shall be limited to the purpose of residence. Fourth, the acquisition of residency rights should have a legal basis or relevant contractual agreement. Fifth, the acquisition of the right of residence should go through registration procedures and be protected by national laws.

The purpose of setting up the right of residence is to distribute the ownership of the house between the owner and the owner, so as to meet their different needs. It can not only realize the housing security of certain vulnerable groups, but also flexibly meet the other housing needs of the parties.

更重要的是，现行法只承认“房屋所有权”以及“租赁权”两种房屋的利用形式，难以完全满足当事人的多样化需求。而居住权同时具有稳定性和灵活性，能够充分保障所有权人对房屋的自由支配，为利用房屋提供了更多方式，还可以填补“房屋所有权”和“租赁期”的中间地带，有利于最大限度地发挥房屋的效用。

1、解决“离婚不离家”的问题，双方也可以进一步约定，另一方可以居住到有了新的住处为止，这样弱势方就不至于一离婚就居无定所。

2、解决父母居住的问题；

3、解决老人“以房养老”问题，居住权可以保障老人对房子终身居住的权利，老有所依；另外，通过房屋所有权的出让，获得经济收入，老有所养。

More importantly, the current law only recognizes two forms of use of houses, "ownership of houses" and "right to lease," which cannot fully meet the diverse needs of the parties. The right of residence is stable and flexible at the same time, which can fully guarantee the owner's free control of the house, provide more ways to use the house, and fill the middle ground between "house ownership" and "lease period", which is beneficial to the greatest Maximize the effectiveness of the house.

1. To solve the problem of "divorce without leaving home", both parties can further agree that the other party can live until they have a new residence, so that the disadvantaged party will not be insecure once divorced.

2. Solve the problem of parents' residence;

3. To solve the problem of elderly people’s "retirement of housing", the right of residence can guarantee the right of the elderly to live in the house for life; in addition, through the transfer of housing ownership, they can obtain economic income and provide for the elderly.