居住权与他项权利冲突的平衡探讨

Discussion on the Balance of Conflict between Residence Right and Other Rights

摘要: 居住权的性质属于用益物权，是指在自己房屋之上为他人设立居住的权利，设立方式具有订立合同以及遗嘱两种方式。居住权的设立是在我国民法典颁布之后，也在一定程度上促进了我国社会法律规则的不断完善。但是在司法实践当中居住权与其他权利之间会产生一定程度的冲突，能否有效平衡与化解居住权与其他权利冲突也成为司法实践的关键，是推动我国社会法治化建设的重中之重，也有助于彰显出国家法律体系的围岩，维护社会的公平正义。所以在论文中深入研究与分析了居住权与其他权利的冲突以及有效平衡，用以共同探讨交流。

Abstract: The nature of residency rights belongs to usufructuary rights, which refers to the right to establish residency for others on one’s own house. The establishment methods include signing a contract and a will. The establishment of residency rights was established after the promulgation of China’s Civil Code, and to some extent, it has also promoted the continuous improvement of social legal rules in China. However, in judicial practice, there may be a certain degree of conflict between the right to reside and other rights. Whether the conflict between the right to reside and other rights can be effectively balanced and resolved has become the key to judicial practice, which is the top priority in promoting the construction of rule of law in China’s society. It also helps to highlight the surrounding rock of the national legal system and maintain social fairness and justice. So in the paper, in-depth research and analysis were conducted on the conflict and effective balance between the right to reside and other rights, in order to jointly explore and exchange ideas.