-
Anonymous users2024-02-07The content of the right of residence mainly refers to the rights and obligations of the right of residence.
Clause. (1) The owner of the right of residence shall have the right to use the premises, provided that such right of use is limited to the purpose of residence.
Clause. 3. The owner of the right of residence has the right to repair and maintain the house for the purpose of residence.
Clause. 4. The owner of the right of residence has the right to rent the house to others for rent during the period of residence, provided that the relevant legal requirements are met. For example, the tenant must obtain the consent of the original lessor before subleasing the leased premises.
Its obligations are:
1. The person with the right of residence has the obligation to keep the house during the period of residence.
Clause. 2. The owner of the right of residence shall not create a mortgage or any other encumbrance on his right of residence.
Clause. 3. The owner of the right of residence shall bear the daily management and maintenance costs of the house and other reasonable expenses in the process of use.
Clause. 4. The owner of the right of residence shall not change the structure and use of the house at will.
Clause. 5. The right of residence holder shall have the obligation to return the house upon the expiration of the residence period.
Legal basis]:
According to Article 183 of the Property Law (Draft), under normal circumstances, the owner of the right of residence may not rent out the house to others for rent collection, which is limited by the basic nature of the right of residence as an easement and the legal purpose of establishing the right of residence. However, the parties may exclude this provision by agreement.
-
Anonymous users2024-02-06The right of residence refers to the usufructuary right of possession and use of another person's residence in accordance with the contract in order to meet the needs of living and living. The right of residence mainly solves the following social problems: the housing problem of non-heirs, such as picking up children to raise; financial help issues after divorce; the housing of long-term non-marital cohabitants; ** and the residence of the staff of public institutions in the common house, etc.
-
Anonymous users2024-02-05The right of residence refers to the right of the right holder to occupy and use the residence established by the right holder on top of the residence in which others have ownership in accordance with the contract or will, in order to meet the needs of life and residence. The right of residence is special as a usufructuary right, that is, the owner of the right of residence only has the right to occupy and use the object of the right, i.e., the residence, but does not enjoy the right to benefit, and cannot use it for profit-making activities such as renting.
What documents are required to apply for a residence permit.
The documents required to apply for a residence permit are as follows:
1. Proof of identity. Resident ID card or household registration booklet or identity certificate issued by the public security organ of origin;
2. Proof of residence time. Hold a Residence Registration Card or Temporary Residence Permit that has been valid for at least 6 months;
3. Proof of legal and stable employment, legal and stable residence, and continuous study;
4. I have a recent 1-inch white background front bareheaded color certificate**1.
Legal basis]:Article 366 of the Civil Code of the People's Republic of China.
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 living and living.
Article 367.
To establish the right of residence, the parties shall conclude a contract for the right of residence in writing.
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.
-
Anonymous users2024-02-04The right of residence refers to the usufructuary right to occupy and use the dwellings of others. Although the right of residence cannot prevent the owner from mortgaging the house, the house with the right of residence is equal to zero circulation value!
Because, no one will accept the mortgage and ** of this type of house, unless the occupant agrees to cancel the occupancy. The right enjoyed after signing the lease contract is a creditor's right, and the right enjoyed after signing the residence right contract and registration is the usufructuary right, which are two completely different types and different levels of rights.
In addition, the lease contract cannot exceed 20 years, but the residency contract can be signed for more than 20 years. For those who live in public rental housing or low-rent housing for a long time, setting up a residency right is far more reassuring than signing a lease contract. The right of residence cannot be transferred or inherited; In principle, it cannot be rented unless otherwise agreed by both parties.
So the question is, how to find out if the house has the right of residence? When buying a second-hand house, the buyer can go with the seller or ask the agent to go to the housing authority to search, and the search form can reflect whether the house has registered a mortgage, whether there is a right of residence, and whether it has been judicially sealed.
-
Anonymous users2024-02-03The right of residence is a new word in the 2021 Civil Code.
To put it simply, this person can not have the property right of the house, as long as he has the right of residence, he can live in the house for the time he has the right of residence.
Therefore, second-hand housing transactions need to check whether there are people with the right of residence.
-
Anonymous users2024-02-022. The owner of the right of residence enjoys various rights attached to the right to use the house, such as the right to neighbor. 3. The owner of the right of residence has the right to repair and maintain the house for the purpose of residence. 4. The owner of the right of residence has the right to rent out the house to another person for rent during the period of residence.
1. The person with the right of residence has the obligation to keep the house during the period of residence. 2. The owner of the right of residence shall not create a mortgage or any other encumbrance on his right of residence. 3. The owner of the right of residence shall bear the daily management and maintenance costs of the house and other reasonable expenses in the process of using the house.
4. The owner of the right of residence shall not change the structure and use of the house at will. 5. The right of residence holder shall have the obligation to return the house upon the expiration of the residence period.
Legal basis]:
According to Article 716 of the Civil Code, the lessee may, with the consent of the lessor, sublease the leased property to a third party. If the lessee subleases, the lease contract between the lessee and the lessor shall continue to be valid; If a third party causes the loss of the leased property, the lessee shall compensate for the loss.
If the lessee subleases without the consent of the lessor, the lessor may terminate the contract.
The family has nine sons, and their parents have died one after another, leaving a property. Five years before his mother's death, the privatization of the house offered by the eldest to pay for the house in his father's name, and he and his family could live here. In November 03, the mother died, and neither parents left a will to deal with the property, and according to the provisions of the inheritance law, it should be jointly inherited by nine children with legal inheritance rights. >>>More
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. >>>More
What is copyright infringement? What are the types of copyright infringement? Copyright is an important part of intellectual property rights, intellectual property rights are very important, and have important help to the growth of China's economy. >>>More
What is the liability for infringement of citizens' right to life and health, according to Article 119 of the General Principles of the Civil Law:"Where a citizen's bodily injury is infringed upon, compensation shall be made for medical expenses, reduced income due to lost work, living allowances for the disabled, and other expenses; where death is caused, funeral expenses and necessary living expenses for those supported by the deceased during his lifetime shall be paid. "Judging from the provisions of the law and judicial practice, the personal injury caused by the violation of the right to life and health can be divided into three types: ordinary injury, disability, and death. >>>More
It is said that the incident was caused by a black fan, this black fan is a fan of Zhang Jie and Wei Chen, the black fan pretended to be a fan of Zhilong, scolded the star, and attracted the fans to explode. This incident is a misunderstanding, please stop this behavior of those who blow up the bar.