Question 80 on the right to occupancy in a house that has been violated by the person who has been v

Updated on society 2024-02-09
3 answers
  1. Anonymous users2024-02-06

    1) 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 residence is extinguished, the occupant still has the right of ownership and may take back the above-mentioned facilities, but the original state of the house shall be restored. (3) 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 make repairs, but if the owner of the house does not carry out the repairs, and the repairs are really necessary, the owner of the house may repair them himself, and when the right of residence is extinguished, the owner of the house shall reimburse the owner of the house for the repair costs paid by the right of residence.

    Article 1187 of the Civil Code of the People's Republic of China clearly states that after the occurrence of damages, the parties may negotiate the payment method of compensation costs. Where there is an agreement through negotiation, the compensation fee shall be paid in a lump sum, and if it is truly difficult to pay it in a lump sum, it may be paid in installments, but the infringed party has the right to request that the corresponding guarantee be provided.

  2. Anonymous users2024-02-05

    Ownership of the house: The ownership of the house shall be transferred from the time of completion of the registration and transfer procedures. After the parties have completed the registration and transfer procedures, if the house continues to be occupied by the original owner and a third party, the occupier still has the obligation to deliver the house. If the occupier fails to perform this obligation beyond the prescribed time limit, it shall be deemed to have illegally infringed upon the ownership of the house of another person.

    1. Can 10% of the property rights of the house be transferred?

    OK. You can co-own by shares and become co-owners of the property. The premise that the housing loan needs to be paid off without collateral is that the registrant of the real estate certificate and his or her spouse, holding an ID card, household registration book, marriage certificate, and housing real estate certificate, go to the housing management with the buyer, sign for the transfer procedures, and pay the transfer tax.

    Re-apply for a title deed with the name of the co-owner of the property. The house ownership certificate is a legal certificate for the state to protect the ownership of the house in accordance with the law. The house guess that the banquet owner has a voucher to manage and use his own house.

    Title deeds include house ownership deeds and house co-ownership deeds.

    2. What are the obligations of the co-owners of the property?

    The obligations of the co-owners of the house include two aspects: 1. Bear the expenses of managing and repairing the co-owned house according to the share of ownership; 2. The exercise of ownership rights shall not harm the interests of other co-owners. When using and disposing of the house, the co-owners shall handle the matter in accordance with the principle of consensus, and in the event of disagreement, the decision shall be made according to the opinions of the co-owners who account for more than half of the shares of the house.

    The co-owners are not allowed to go their own way. Decisions are made in accordance with the opinions of the co-owners who account for more than half of the ownership of the house, without prejudice to the interests of the other co-owners. When some co-owners exercise their rights and infringe on the interests of other co-owners and cause losses, they shall compensate for the losses.

    If the co-owner of the house does not notify the other co-owners when transferring his share of the ownership of the house, and does not guarantee the pre-emptive right of the other co-owners under the same conditions, the transfer shall be invalid.

    Article 114 of the Civil Code of the People's Republic of China provides that civil subjects enjoy property rights in accordance with law. Property right is the right holder to enjoy direct control and exclusive rights over specific things in accordance with the law, including ownership, usufruct rights and security rights.

  3. Anonymous users2024-02-04

    Legal Analysis: The act of violating the right to housing refers to the act of illegally invading another person's house, or the act of refusing to quit after legally entering another person's house after being asked to do so. From the above, it can be seen that the act mainly refers to entering another person's house without the consent and permission of the owner of the house, as well as forcibly entering another person's house despite the opposition and dissuasion of the right.

    There are various ways to trespass, such as breaking into a door, breaking through a window, forcibly breaking in, and so on.

    Legal basis: Article 245 of the Criminal Law of the People's Republic of China: Whoever illegally searches another person's body or residence, or illegally trespasses into another person's home, is to be sentenced to up to three years imprisonment or short-term detention. Where judicial personnel abuse their authority and commit the crimes described in the preceding paragraph, they are to be given a heavier punishment.

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