中国民法典における居住権の意義と到達点

─日本法との比較もふまえて

抄録

The rights of residence in the Civil Code in China is derived from Roman law. However, its interpretation has been expanded on the basis of vulnerable and real estate policies, which is a characteristic of Chinese law. The debate among scholars was at odds as to whether a residence rights system should be created. With just six new articles, not all issues surrounding the residence rights system have been resolved. The precedent cases should be meaningful as well. At about the same time, the Civil Code in Japan enacted spousal residence rights. Compared to this, China's residence rights may be a comprehensive solution to the problem of residence as well as spousal residence rights.