以遗嘱方式设立居住权的法律适用研究

A Study on the Legal Application of Establishing a Right of Residence by Will

摘要: 本文围绕《民法典》中遗嘱设立居住权制度展开研究，剖析其作为单方法律行为的内涵与实践价值，揭示物权变动规则矛盾、登记制度缺失及权利义务模糊等问题。从条文冲突、遗嘱特殊性及实践复杂性三方面探究成因，提出明确物权变动规则、健全登记制度、厘清主体权责的完善路径，以保障居住权益与司法统一。

Abstract: This paper focuses on the system of establishing a right of residence through wills as stipulated in the Civil Code, analyzing its connotation and practical value as a unilateral legal act. It reveals issues such as contradictions in rules governing property rights changes, the absence of a registration system, and ambiguities regarding rights and obligations. By examining the causes from three aspects—conflicts among legal provisions, the special nature of wills, and practical complexities—the paper proposes improvement pathways including clarifying rules for property rights changes, strengthening the registration system, and defining the rights and responsibilities of involved parties, aiming to safeguard residential rights and ensure judicial consistency.