In today's social life, the right of residence is the right of our house, and the owner of the house is not necessarily us, that is to say, even if it is not our own house, as long as we have the right to live, after all, the residential area is only a right, then there will be a time when the right of residence will be extinguished, so under what circumstances will the right of residence be extinguished?
Netizen consultation:
What are the circumstances under which the right of residence is extinguished?
Lawyer answers:
There are two main situations in which the right of residence is extinguished:
1.Expiration of the term of the right of residence: The parties are free to stipulate the term of the right of residence in the contract of the right of residence according to their own wishes, and if the term of the right of residence expires, the right of residence shall be extinguished. For example, if the owner of a dwelling establishes the right of residence for a minor, it may be agreed that the right of residence will be extinguished when the person with the right of residence reaches the age of majority, and if such an agreement is made, the right of residence shall be extinguished when the person with the right of residence reaches adulthood. For another example, the parties may agree that the right of residence shall be extinguished for 20 years from the date of signing the contract, and if such an agreement is made, the right of residence shall be extinguished upon the expiration of the agreed period. If the right of residence is extinguished due to the expiration of the period, the person with the right of residence has the obligation to return the house.
2.Death of the right of residence: The parties are free to agree on the term of the right of residence according to their will, and if there is no agreement, the right of residence will generally be extinguished when the person with the right of residence dies.
Lawyer adds:
Legal consequences of the extinction of the settlement:
a) The return of the house. Except for the extinction of the subject matter of the house, etc., the occupant has the obligation to return the house when his right of residence is extinguished, and if the right of residence is extinguished by the death of the occupant, his heirs have the obligation to return the house.
2) Retrieval of ancillary facilities. During the period of the existence of his rights, the occupant may set up some facilities in the house for the purpose of normal residence and use, and at the same time, he may also decorate the house, which are not part of the structure of the house, and when the right of occupancy is extinguished, the occupant still has the right to take back the above-mentioned facilities, but the house must be restored to its original state.
c) Reimbursement of expenses. During the period of residence, the cost of special repairs to the house shall be borne by the owner of the house. When the house needs to be repaired, the owner of the right of residence may notify the owner of the house to carry out the repair, and if the owner of the house does not carry out the repair, and the repair is really necessary, the owner of the right of residence may repair it himself, and when the right of residence is extinguished, the owner of the house shall reimburse the owner of the house for the cost of repair.
[Laws and Regulations].
Civil Code of the People's Republic of China
Article 366:Persons with the right of residence have the right to enjoy the usufruct right to occupy and use the residences of others in accordance with the provisions of the contract, so as to meet the needs of living and living.
Article 368:The right of residence is established free of charge, unless otherwise agreed by the parties. Where the right of residence is established, an application for registration of the right of residence shall be made to the registration authority. The right of residence is established at the time of registration.
Article 370:Where the term of the right of residence expires or the person with the right of residence dies, the right of residence is extinguished. Where the right of residence is extinguished, the cancellation of registration shall be handled in a timely manner.
Profile of lawyer Yang Fengguo
Lawyer Yang Fengguo is currently a partner lawyer of Hebei Dasheng Law Firm, and a special human rights lawyer of Baoding Lawyers Association and Baoding Consumers Association. Mr. Yang has been working as a lawyer for more than 10 years, and has also cultivated the character traits of integrity, pragmatism and rigor, diligence and honesty. Profound legal skills and rich practical experience have been fully exerted in the process of handling cases, and have received good results, providing the parties with relatively comprehensive and systematic legal services, and also winning the trust and praise of the parties. Mr. Yang's practice philosophy is: integrity, dedication, pragmatism and efficiency.