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在主要的大陆法系国家,居住权作为物权在立法层面已予以制度化规定,我国由于立法层面的欠缺,居住权的适用出现了困境。设立居住权不仅有利于缓解严峻的养老问题,而且在保障弱者的相关权益、提高房屋的利用效率等方面具有积极意义,在我国设立居住权制度变得十分必要。
In the main civil law countries, the right of residence as the property right has been institutionalized at the legislative level. Due to the lack of legislation in our country, the application of the right of residence presents a dilemma. The establishment of residency rights not only helps to alleviate the serious pension problems, but also has positive significance in protecting the rights and interests of the weak and improving the efficiency of housing utilization. It is necessary to establish the system of residency in our country.