The right of residence is a kind of usufructuary right, which means that the owner of the right of residence has the right to occupy and use the residence of others in accordance with the contract, so as to meet the needs of life and residence. The right of residence is a new system established by the Civil Code to protect the housing needs of specific groups of people, with the following six conditions:
1.How the right of residence is established. Residency can be created by contract or will. Where it is established through a contract, the parties shall conclude a contract for the right of residence in writing and apply to the registration authority for registration of the right of residence. The right of residence is established at the time of registration. If it is established by a will, the right of residence is established from the beginning of the inheritance when the will takes effect, and there is no need to go through registration.
2.The subject scope of the right of residence. The grantor of the right of residence may be the owner or other right holder of the dwelling, or the buyer of the dwelling. The transferee of the right of residence may be the creator himself or a third person, but must be a natural person and there can be only one person. The right of residence cannot be transferred, inherited, and coexists with the right of residence.
3.Definition of the object of the right of residence. The object of the right of residence is the dwelling of others, including the house and its ancillary facilities. The scope of the dwelling shall be determined in accordance with the provisions of the right of residence contract, and if there is no agreement in the contract or the agreement is not clear, it shall be reasonably determined in accordance with the residential needs of the person with the right of residence.
4.Legal validity of the right of residence. The owner of the right of residence has the right to occupy and use the dwelling, but shall not damage the main structure and basic functions of the dwelling. The owner of the right of residence shall, in accordance with the contract, bear the costs of maintenance and management of the dwelling, as well as the use of water, electricity and gas. The owner of the right of residence shall not change the use of the dwelling without authorization, nor shall he rent, lend or otherwise transfer the dwelling to others, unless otherwise agreed by the parties.
5.The duration of the residency. The duration of the right of residence may be freely agreed upon by the parties and may be for a fixed period or for life. If the term of the right of residence expires or the person with the right of residence dies, the right of residence shall be extinguished. Where the right of residence is extinguished, the cancellation of registration shall be handled in a timely manner.
6.Protection of the right of residence. The right of residence is protected by law and cannot be infringed upon by anyone. If the rights of the resident rights are infringed, the infringer may be requested to bear civil liabilities such as stopping the infringement, restoring the original state, and compensating for losses, or may file a lawsuit with the people's court to request protection of his lawful rights and interests.
The above are the six conditions for residency, I hope it will be helpful to you. If you have any other questions about residency, please leave a message in the comment area, and I will answer it for you as soon as possible. Thank you for reading and have a great day!