People are worse than dogs when they are old. Lao Zhang is expected to jump out of the coffin with such behavior. When we are angry with Xiao Zhang's behavior, we have to face the objective reality. Zhang gave the house to Xiao Zhang in the form of a will and registered it. Xiao Zhang legally acquired the ownership of the house. As a master, Xiao demands any behavior that interferes with his ownership. But in the above case, Wang and Zhang are legal couples. When Zhang transferred the house to Xiao Zhang, he clearly agreed that Wang was alive. In fact, the house gave Wang the right of residence, and the ownership itself after Xiao Zhang was restricted. However, the current legal system does not stipulate the right of residence system.
In fact, the right of residence has been stipulated in foreign laws, but this issue was not prominent when China's property law was formulated, so it was not stipulated. With the arrival of the aging age in China, many questions about the right to life have emerged. For example, the old man is old and has no money to support the elderly, but he has a house under his name. If he sells his house, he has money but no place to live. Therefore, there has been a mode of providing for the elderly with housing and providing for the elderly with others. But after the death of the old man, the house belongs to the old man, and the old man still enjoys the right to live while he is alive. The constant emergence of such problems has also promoted the continuous improvement of our legal system.
The Civil Code, which was deliberated and adopted during the two sessions, clearly put forward the concept of residence right and made special provisions. The right of residence can be obtained by contract or by will, but both of them must be registered before they can take effect. Therefore, the ownership of houses and the right of residence in the era of civil code can be separated, and the registered right of residence can resist the owner.
The case at the beginning of the article is a real case before the implementation of the civil code, when there was no provision for the right of residence. However, due to the lack of residency, Wang could not be forced to move out of the house. Finally, after layers of research and deliberation, the judges finally decided to reject the plaintiff Xiao Zhang's claim from the perspective of safeguarding basic ethics and social order and good customs, and Wang could still live in the house.
It will not be difficult to meet these problems in the era of civil code, but as long as people agree on the content of the right of residence through contracts and wills, and go to the real estate filing authority for filing, the obligee can live in peace.