南都学坛2026，Vol.46Issue(2)：75-82,8.
《民法典》第1090条评注
Commentary on Article 1090 of the Civil Code
杨志航1
作者信息
- 1. 北京市应用法学研究中心,北京 101117
- 折叠
摘要
Abstract
The divorce economic assistance clause stipulated in Article 1090 of the Civil Code of China is of great significance as a fallback clause in safeguarding the right to survival of the parties involved,and its function is different from that of divorce compensation and damages compensation.The formulation of this clause reflects the reality of economic and social development.Assets such as currency,securities,and opportunities for providing labor services should be interpreted as forms of economic assistance.Rights such as property ownership and residence rights that can provide living assistance to one party can all be attributed to this clause.As a new type of usufructuary right,the emergence of the right of residence is based on safeguarding the living difficulties of one party in divorce.The right of residence can be established not only based on court judgments,but also through the agreement of the parties.However,statutory rights of residence do not require registration or public notice.This interpretation achieves coherence within the system of civil law doctrine.The current"absolutist"standard for determining living difficulties should be upheld,but courts should apply it with appropriate flexibility.关键词
《民法典》/经济帮助制度/居住权/体系解释Key words
Civil Code/economic assistance system/right of residence/system explanation分类
社会科学引用本文复制引用
杨志航..《民法典》第1090条评注[J].南都学坛,2026,46(2):75-82,8.
