西南石油大学学报（社会科学版）2024，Vol.26Issue(2)：78-85,8.DOI:10.11885/j.issn.1674-5094.2023.09.30.01
以遗嘱方式设立居住权的生效问题思考
Reflections on the Effectiveness of Residency Rights Established Through Wills
摘要
Abstract
The Civil Code of the People's Republic of China provides for the first time the system of residency rights,but there is considerable controversy in the theory and practice of this new system.To discuss the effective requirements for establishing residency rights through a will,it is necessary to distinguish between testamentary inheritance and bequest.Firstly,the estab-lishment of residency rights based on testamentary inheritance can be divided into two stages.The first stage occurs between the deceased and the inheritor,and the effect of property right transfer occurs from the beginning of inheritance.The second stage occurs between the joint heirs,where the effective requirements of the right of abode are related to the effectiveness of the estate division.According to the perspective of transfer doctrine,if the parties use designated or agreed means of division,the right of abode is established at the time of registration.If the parties deal with estate division by the right of residency is established at the time of the legal document's effectiveness.The effective requirements for establishing residency rights based on bequests shall be established at the time of registration in accordance with Article 368 of The Civil Code of the People's Republic of China.关键词
居住权/遗嘱继承/遗赠/遗嘱/物权变动Key words
right of residency/testamentary inheritance/bequest/will/transfer of property分类
社会科学引用本文复制引用
刘耀东,王延松..以遗嘱方式设立居住权的生效问题思考[J].西南石油大学学报（社会科学版）,2024,26(2):78-85,8.基金项目
2018年度国家社科基金一般项目"民法典继承编与其他各编的制度协调和规则契合研究"(18BFX111). （18BFX111）
