Uncle Zhang San in Shanghai met Aunt Li Si in his later years. In order to eliminate the children's concerns, Uncle Zhang transferred the house to his son, and the old people of both sides received a marriage certificate. After a few happy years, Uncle Zhang San drove a crane to the west. Aunt Li wants to go back to her family, but her children have opinions about her remarriage, and the relationship is very bad. She has been living in Uncle Zhang's house and is unwilling to move out. Zhang San's son refused to accept it and sued the court to ask Aunt Li Si to move out. There was no clear right of residence in China at that time. The court ruled that it was against public order and good customs to let Aunt Li move away, and sentenced Aunt Li to live to death. The house still belongs to Zhang San's son, and the court ruled that it was Aunt Li's "right of residence". Understand?
First, what is the right of residence? Residence right is a kind of usufructuary right, which refers to the right to occupy and use houses owned by others and their ancillary facilities. The establishment of residence right can be based on will or bequest, or according to contract.
For example, someone stated in his will that his house was inherited by his son, but he had to let the nanny who had served for many years live until the nanny died. To establish the right of residence, the right of residence shall be registered with the county registration agency, and the right of residence shall be established only after registration.
Second, the establishment of the right of residence mainly has the following ways: First, the right of residence is obtained by contract. If the lessee obtains the right to live in the leased house according to the lease contract.
Second, obtain the right of residence directly according to the law. For example, minor children have the right to live in their parents' house.
Third, obtain the right of residence according to legal acts such as wills. The owner of the house can set the right of residence for others by making a will.
Fourth, due to the passage of the acquisition prescription, the right of residence has been obtained.
Third, the right of residence has the following legal characteristics: first, the subject of the right of residence is a specific citizen, that is, a citizen who has a legal basis to occupy a house.
Second, the object of the right of residence is limited to the house. Such as the lessor's house.
Third, the right of residence belongs to usufructuary right. The right holder's use of the house should be limited to the purpose of residence.
Fourth, the acquisition of the right of residence should be based on legal basis or related contracts.
Fifth, the acquisition of the right of residence must go through registration procedures and be protected by national laws. ?
Fourth, the influence of "right of residence" on the sale of second-hand houses will begin next year. There will be one more necessary procedure for the sale of second-hand houses. When buying a house, you should not only inquire about the ownership of the house, judicial seizure, mortgage establishment, etc. , but also check whether the house has registered the right of residence. The free disposal of houses with the right to live is restricted, and obstacles may be encountered in the process of housing transactions. Even if the house can be transferred, the residence time agreed in the original contract will continue, and the rights and interests of the obligee still need to be protected. After the house transaction, even if the new owner obtains the ownership, he can't get rid of the right of residence, and there will be an embarrassing scene of buying a house but not living in it.