Zhongxin Finance, May 25 (Peng Jingru) "The house does not belong to me, but I can live in" This situation is not whimsical, nor is it robber logic.

　　For example, it might look like this in real life: both husband and wife have been divorced and now form a new family.

Among them, the husband is sick or dead, and the existing property may be inherited by the original children. How to protect the wife's right to live?

Data map Photo by China News Agency reporter Liu Zhongjun

　　At this time, the wife can be set up with the right of residence. "She has no ownership of the house, but she has the right of residence, and she can still live here unconditionally." Yan Yuejin, research director of the Think Tank Center of the E-House Research Institute, gave a solution.

Initiation of residency registration in multiple locations

　　At present, documents have been issued in many places to start the registration of the right of residence, providing an outlet for the above-mentioned "housework that is difficult for officials to deal with".

　　According to the "Kangbashi Release" on the 21st, the Ordos Real Estate Registration Center issued a notice a few days ago. In order to meet the needs of the general public, the Ordos Real Estate Registration Center at the same level has legally launched Dongsheng District, Residency registration within Kangbashi jurisdiction.

　　On May 10, the Shijiazhuang Real Estate Registration Center issued the first certificate of residency registration, and the residency registration system was officially launched in Shijiazhuang.

　　According to reports, cities such as Chengdu, Jinan, Wuhan, Changsha and Hangzhou have all started the registration of residency rights.

　　The right of residence is not only limited to solving "housework", but also has a wider range of application scenarios.

　　"Due to historical reasons, the property rights of some houses belong to specific groups. For example, some old houses in Shanghai have a very good environment and location, and there is a certain market demand." Song Hongwei, research director of Tongce Research Institute, told Zhongxin Finance The circulation policy of houses can avoid the waste of resources of vacant houses, and at the same time, it also meets the attributes of living and de-financing.

"I can't live in the house I bought, what should I do?"

　　After the establishment of the right of residence, the holder of the right of residence enjoys the right to occupy and use the house during the period when the right takes effect. Even if the property right of the house is transferred, the right of residence will not be affected.

This has made many netizens worry that they will be pitted in real estate transactions.

　　"The "Civil Code" does not restrict the sale of houses with registered residence rights, which may indeed affect the buyer's occupancy, but before the house transaction, the registration of the right of residence and other aspects must be confirmed and implemented in the transaction rules." Beijing Yingke (Shanghai) Law Firm Global Partner Guo Ren said.

Data map: Beijing Chaoyang District Real Estate Registration Center.

Photo by Du Yan

　　Mr. Yang, a staff member of an intermediary company, told Zhongxin Finance that before the right of residence was not stipulated, there were similar agreements in the private sector, and the house sales contract was generally used as a guarantee.

Some buyers just want their children to go to school and have no need for housing. In this case, the owner returns the rent to the buyer, the property rights of the house belong to the buyer, and the right of residence actually still belongs to the owner within a certain period of time.

　　"However, if the contract stipulates that the time limit for rent return or handover is as long as 3-5 years, the market only accounts for about 30%, and the longer time limit is less than 1%." Mr. Yang said.

Elderly care companies: You can't afford to buy a cheap house and you can't be fooled

　　The registration of the right of residence is a hot potato in the eyes of most home buyers, and it may be a sweet potato for enterprises.

　　Attorney Zhang Xiaoju, a partner of Zhongwen Law Firm, believes that the other party who signs the residency contract can be either a natural person, a legal person or an unincorporated organization.

Because there is no need to worry about the inability of the elderly to pay for the pension, more pension enterprises will be added under this model.

　　"This kind of housing-based care model means that the old man lives in the house all the time while he is alive. If the old man is gone, the institution will recycle the house. During the period, the institution will give the old man a certain amount of capital income on a regular basis, which means that the old man relies on the assets of the house to belong to the future. Satisfying the life of the elderly. From the perspective of the final income of the house, it is owned and disposed of by the institution, and it has nothing to do with the elderly." Song Hongwei explained, "In addition, a house with only the right to use is much cheaper than a house with property rights, and the price is also an advantage. "

Data map: Photo by Lin En, the elders of the Wutong Elderly Community in Pudong New Area, Shanghai

　　"The elderly help their children to buy a house and register it in the children's name, and they can also protect their right to live in the future by establishing the right of residence." Guo Ren said.

　　Zhang Xiaoju introduced that the residency system originated from Roman law. In the last years of the ancient Roman Republic, there were more and more cases of marriage without husband's right and slavery. When the head of the family died, the life of those who had no inheritance rights or lost the ability to work became a problem.

At this time, the husband or the head of the family bequeaths a part of the right to use, benefit, and residence of the family property to his wife or freed slave, so that they can depend on their birth and support their old age.

　　"Therefore, the right of residence in Roman law has the function of helping the weak and benefiting." Zhang Xiaoju said, from the provisions of Article 368 of my country's "Civil Code", it can be seen that the establishment of the right of residence is based on the principle of free establishment. Paid establishments are exceptions.

　　"In principle, residences with residency rights shall not be rented out, unless otherwise agreed by the parties." Zhang Xiaoju said.

(Finish)