The right of residency is included in the Code, it is about your housing
Involved in buying, selling, renting, and retirement
Case playback
In 2006, Mr. Li and Ms. Xu married and had no children after marriage.
In January 2014, Ms. Xu, who was ill, made a will, stating that after she passed away, she would donate the house where she and Mr. Li lived to her brother, Mr. Xu, but Mr. Li could still live before remarrying.
In early 2016, after Ms. Xu passed away from illness, Mr. Xu and Mr. Li filed a case against the estate.
After investigation, this house is the pre-marital property of Ms. Xu.
In November 2016, the Hongshan District Court of Wuhan City, Hubei Province ruled that the house belongs to Mr. Xu and Mr. Li has the right to use the house.
After the court's decision, Mr. Li has been living in the house, and Mr. Xu has not bothered him.
In early 2021, Mr. Li found out that the house he lived in was sold by his wife and brother Xu on an online platform. Worried that the house would affect his continued living after the house was sold, he came to the Hongshan District Court Executive Bureau with the "Judgment" and applied for residence. Right to enforce.
The court made an enforcement ruling on February 26, registering the residence right of the house under Mr. Li's name.
It is reported that this is the first residential right enforcement case in Wuhan after the "Civil Code" was promulgated and implemented.
On March 3, the Hongshan District Court executives came to the Hongshan District Government Service Center and submitted the execution ruling and the execution assistance notice to the staff at the real estate registration window. The real estate registration department is requested to cooperate with Mr. Li in registering the right of residence. .
Currently, the residency registration has been completed in accordance with regulations.
[Legal Interpretation]
What is the right of residence?
How will it affect our lives?
The "Civil Code" stipulates that the right of residence is obtained in accordance with a contract or a will in order to meet the needs of living and living, and enjoys the usufructuary right of possession and use of other people's houses.
After the establishment of the right of residence, even if the ownership of the house changes or the house is set with a burden of rights, other right holders have no right to request the holder of the right of residence to move out.
When the right of abode is infringed, he can exercise his rights and request the infringer to remove the interference.
In the past, legal regulations only recognized the ownership, lease, mortgage and other rights of houses, which could not meet the actual needs of the rapid development of society.
After the implementation of the "Civil Code", the establishment of the right of residence can meet the needs of the holders of the right to live and live, realize the housing security of certain disadvantaged groups, fill in the legal gap, and maximize the role of idle houses, which has a positive significance for maintaining social stability. .
At the same time, Article 368 of the "Civil Code" stipulates that the right of residence shall be established upon registration. Article 369 also stipulates that the right of residence shall not be transferred or inherited. In principle, the residence with the right of residence shall not be rented out.
These clauses constitute a complete legal framework and help prevent abuse of the right of residence to damage the lawful rights and interests of the owner of the house.
The relevant provisions of the "Civil Code" on the right of residence will have a substantial impact on many hot social issues involving real estate in the future. Real estate naming, public rental housing, inheritance disputes, divorce disputes, and housing for the elderly are included in the "Civil Code" After implementation, there will be new solutions to provide stronger legal protection for the people's food, clothing, housing, transportation, and housing.
At the same time, there will be different legal consequences for the exercise of the right to buy, sell, rent, etc., and you need to pay attention to risk prevention.
[Attorney reminder]
As a new thing in our country's legal system, the housing right system has many imperfections in its current legislative positioning and supporting systems.
The author found that there are very few areas that actually carry out residency registration, and most areas are still waiting for the release of relevant registration rules.
In addition, if the right of residence conflicts with other rights such as mortgage rights, how to deal with it, whether the holder of the right of residence can be a non-natural person, whether the right of residence can be divided and established separately, and whether the right of residence can be analogized to "office apartments and other residential functions" There are still many controversies in judicial practice for non-residential buildings and whether the residence promises in the will before the implementation of the Civil Code can be applied to the provisions of the civil code. There are still many disputes in judicial practice, and the handling methods are different in different regions.
The lawyer reminds you: First of all, if you need to establish a right of residence, you should first go to the real estate registration department to check the relevant procedures and procedures for the registration of the local right of residence, and sign a standardized "right of residence contract" according to your individual needs to ensure that Your residence includes the right to old age.
Secondly, if you need to buy a second-hand house, you should check with the local real estate registration agency in advance to check whether the house you intend to buy has the right of residence registered, so as to avoid the "ownership of the property belongs to you, but you cannot occupy, use, or earn "The embarrassment, protect your legal rights.
Third, if you are renting a house, you also need to check in advance whether the property has a right of residence, because the right of residence has restrictive regulations on its rental, so as to avoid affecting your use because the lease contract is deemed invalid.
(Zhu Zheng, Director of Beijing Jingshi (Hefei) Law Firm)