Article 366 of the Civil Code of the People's Republic of China stipulates that the owner of the right of residence has the right to occupy and use the usufructuary right of another person's residence in accordance with the contract, so as to meet the needs of living and living.
The establishment of the right of residence is to better protect the housing needs of the public, and the right of residence can be used for the division of property in the event of divorce, ensuring the pension of the elderly, etc., which helps to solve the housing problem of the weak.
If you have the need to buy a house, especially if you want to buy a second-hand house, then you should pay special attention to whether the house has established a right of residence, otherwise there will be a situation where you can buy a house but cannot live in it, and unnecessary disputes will arise.
1. Establishment of the right of residence
1. It is established by contract.
In the case of divorce and division of property, parents donating houses to their children, housing for the elderly, etc., the right of residence can be established in the form of a contract to stipulate the content of the right of residence. Residency contracts generally include the following clauses:
1) The names and addresses of the parties;
b) the location of the dwelling;
3) Conditions and requirements for residence;
4) the duration of the right of residence;
5) Methods of dispute resolution.
After signing a written contract for the right of residence, it is also necessary to apply for registration of the right of residence at the relevant registration authority, and the right of residence will be established at the time of registration.
2. It is established by will
Establishing residency by will, including testamentary succession and bequest. It should be noted that the premise for the establishment of the right of residence by testamentary succession is that the will has legal effect; If the right of residence is established by bequest, the legatee needs to make an expression of intent to accept the bequest in a timely manner, and if there is a contractual obligation, it is necessary to perform the corresponding obligation.
2. Obligations of the Resident Holder.
1. The owner of the right of residence shall not abuse the right of residence, and shall properly use and manage the house, and if it causes significant damage to the house, he will not only bear the liability for damages, but also may lose the right of residence.
2. The owner of the right of residence shall not rent the house without authorization, and the right of residence shall not be transferred and inherited unless there is a special agreement.
3. After the right of residence is extinguished, the owner of the right of residence shall move out of the house in a timely manner.
3. Precautions for property owners.
1. It shall not hinder the normal residence and use of the house by the person with the right of residence.
2. When the term of the right of residence expires or the right of residence holder dies, the right of residence is extinguished, and the property owner shall go through the cancellation of registration in a timely manner;
3. After the establishment of the right of residence contract, the owner of the house shall cooperate with the owner of the right of residence to register the right of residence.
In second-hand housing transactions, buyers should not only pay attention to the ownership of the house, judicial seizure, establishment of mortgages, etc., but also need to check whether the house is registered with the right of residence, otherwise they may face the risk that the house can be bought but cannot be lived.
In addition to making inquiries before purchasing a house, in order to avoid the situation that the parties to the transaction deliberately conceal the situation, the parties can make a special agreement on whether there is a right of residence in the house sale and purchase contract, and set up a corresponding liability clause for breach of contract.