Determination of the length of residence in law

If, as you said, Ms. Yang was recuperating at a friend's house, her place of residence would be Shantou, not Hong Kong. China's civil law stipulates that if a party leaves his or her original place of residence and has resided continuously for one year, it shall be deemed to be the place of residence. However, China's Civil Procedure Law stipulates that disputes arising from inheritance shall be subject to the jurisdiction of the court at the place where the decedent is domiciled at the time of death or where the main estate is located.

When there are both movable and immovable properties, the location of the immovable property is generally the main site. If there are many movable properties, the location of the movable property with higher value shall be regarded as the main heritage site. Therefore, Ms. Yang's immovable property is subject to the law of the place where the immovable property is located, and the movable property depends on the specific situation.

Hello, if Ms. Yang is not hospitalized in the hospital, but recuperates at a friend's house for 18 months, then her place of residence is Shantou.

The provisions of the Supreme People's Court on residence of more than one year shall apply.

The place of residence is the location of his friend's house. Because the law stipulates that a citizen shall take the place of residence of his household registration as his domicile, and if the place of habitual residence is inconsistent with the place of domicile, the place of habitual residence shall be regarded as the domicile. Habitual residence refers to the place where a citizen has resided continuously for one year after leaving his or her place of residence, but does not include hospitalization for medical treatment.

The establishment of the right of residence can stipulate the term of the right of residence, and the way to establish the right of residence is that the parties need to enter into a written contract for the right of residence in writing, and the content of the right of residence needs to include: the name or title and address of the parties; the location of the dwelling; conditions and requirements for residence; Duration of residency; methods of dispute resolution, etc.

[Legal basis].Article 367 of the Civil Code.

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.

Article 368.

The right of residence shall be established without compensation, unless otherwise agreed by the person who has completed the act. Where the right of residence is established, an application for registration of the right of residence shall be made to the registration authority. The right of residence is established at the time of registration.

Legal analysis: The number of years of the right to live in the house and the right to use the house is generally determined by the parties through negotiation, and the contract contains the next year limb limit.

Legal basis: Civil Code of the People's Republic of China

Article 366:Persons with the right of residence have the right to occupy and use the residences of others in accordance with the provisions of the contract, so as to meet the needs of living and living.

Article 300 The parties to the establishment of the right of residence shall conclude a contract for the right of residence in writing.

The right of residence generally includes the following provisions:

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.

Legal Analysis: The Statute of Limitations for Obtaining the Right of Residence is generally completed in 20-30 years. The short-term statute of limitations is generally completed in 510 years.

The short-term statute of limitations generally applies to movable property, and according to the nature of movable property, it is divided into unregistered movable property ownership and registered movable property ownership. The statute of limitations for the acquisition of ownership of unregistered movable property is 5 years. The statute of limitations for obtaining the ownership of movable property registered in the congratulatory silver is 10 years.

Legal basis: Article 240 of the Civil Code of the People's Republic of China The owner shall enjoy the right to possess, use, benefit from and dispose of his immovable or movable property in accordance with law.

The law of the place of habitual residence stipulates that a citizen shall have a habitual residence if he or she has resided continuously for more than one year after leaving the place of residence and has been the center of his or her life.

A citizen's habitual residence refers to the place where the citizen has resided continuously for more than one year from the time he leaves his or her place of residence to the time of filing a lawsuit, except for official duties, labor dispatch, and medical treatment. Where a citizen has no habitual residence after moving out of the place of his or her household registration and before moving to another place, he or she shall still have his or her original place of residence as his or her residence.

The court's determination of habitual residence:

1. The defendant must have lived in the place for one year;

2. The one-year time must be continuous and cannot be interrupted;

3. At the time of the indictment, the defendant was still residing there. However, this does not apply to citizens for official duties, labor dispatch, medical treatment, etc.

Criteria for determining habitual residence: Draft.

1. The place of habitual residence of a citizen refers to the place where the citizen has resided continuously for more than one year from the time of leaving the place of residence to the time of filing the lawsuit, except for the place where the citizen is hospitalized for medical treatment;

2. There are clear provisions on the issue of evidence, and evidence must be verified as true before it can be used as the basis for determining facts.

Proof of habitual residence is as follows:

1. Temporary residence permit or residence permit, as well as a certificate issued by the local public security police station, etc.;

2. Certificates issued by streets, neighborhood committees, communities, etc.;

3. Housing ownership certificate;

4. Witness testimony issued by the lessor, housing lease contract, rent payment receipt, etc.;

5. Various payment certificates, such as heating fees, electricity bills, water bills, sanitation fees, property fees, etc.;

6. Others, such as witness testimony of the victim's colleagues and friends.

To sum up, a citizen's habitual residence refers to the place where the citizen has resided continuously for more than one year from the time of leaving the place of residence to the time of the indictment, except for the place where the citizen is hospitalized for medical treatment.

[Legal basis].

Article 3 of the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China.

The domicile of a citizen refers to the place where the citizen's household registration is located, and the domicile of a legal person or other organization refers to the place where the main office of the legal person or other organization is located.

Where the location of the legal person or other organization's principal office cannot be determined, the legal person's or other organization's place of registration or registration is the place of domicile.

Article 4. A citizen's habitual residence refers to the place where the citizen has resided continuously for more than one year from the time of leaving the place of residence to the time of filing the lawsuit, except for the place where the citizen is hospitalized for medical treatment.

One method of application is to take the standard of the court where the lawsuit is filed, with the exception of the place of domicile and habitual residence, and the hukou as the sole criterion for determining urban and rural residents; The second method is to take the criteria of the court where the lawsuit is filed, with the exception of the place of domicile and habitual residence, and the hukou is not the only criterion for determining urban and rural residents, and the provisions of Article 5 of the Opinions of the Supreme People's Court on Several Issues Concerning the Application of the Civil Procedure Law of the People's Republic of China stipulate that 'a citizen's habitual residence refers to the place where a citizen has resided continuously for more than one year from the time of leaving his place of residence to the time of filing a lawsuit', and then determine the application of some urban and rural standards. For the above two methods, the first type is generally used as the majority in Chinese courts, and the second type is the exception.

In fact, the connotation of the law is to embody the principles of fairness and justice, and judicial interpretations and other documents are formulated according to the actual situation. A large number of people are moving, some rural residents go to cities and towns to work, and some urban residents go to rural areas to contract land. The application of the second method is tantamount to solving this problem, which not only reflects the fairness and justice of the law, but also solves the above problems.

Some provincial-level courts have issued relevant guiding opinions, and some courts have issued internal guiding rules, such as the "Minutes of the 2004 Provincial Symposium on Civil Trial Work" issued by the Jiangxi Provincial High People's Court, which is a guiding document for civil trial work. The minutes require: "Rural residents going to cities and towns to work, live and study in cities and towns comply with Article 5 of the Opinions of the Supreme People's Court on Several Issues Concerning the Application of the Civil Procedure Law of the People's Republic of China

A citizen's habitual residence is the place where the citizen has resided continuously for more than one year from the time of leaving the place of residence to the time of filing the lawsuit', compensation may be determined according to the higher standard of habitual residence. "The Hejiang County People's Court of Sichuan Province, in accordance with the spirit of the Supreme People's Court's "Interpretation of Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases" and social reality, has uniformly standardized the trial of personal injury compensation cases, focusing on the specific scope of urban residents. The court stipulates that rural residents in the following circumstances shall be regarded as urban residents and shall be compensated according to the standards of urban residents:

Those who have been working in the city, doing business, or engaging in other occupations for one year or more; Family members (parents, spouses, children) living with those who have gone to the city for work, business, or other occupations for one year or more; Rural residents in the suburbs of cities and towns who work or do business in cities and towns; Rural residents who have relied on their savings or support to buy or rent houses in cities and towns for more than one year. With regard to the current guidance on the application of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Personal Injury Compensation Cases" issued by courts at all levels, the legislature should make a clear legal provision in this regard, so as to avoid situations in which judgments in the application of law are very different due to different courts and different understandings of judges.

The statute of limitations for obtaining the right of residence is generally 20-30 years, that is, the ordinary statute of limitations; The statute of limitations for the acquisition of unregistered movable property ownership is generally 5 years, and the statute of limitations for the acquisition of registered movable property ownership is generally 10 years, that is, the short-term statute of limitations; The statute of limitations for collectively owned land, mountains and forests (including barren mountains), barren beaches and other immovable properties is generally 30-40 years, that is, long-term statute of limitations.

[Legal basis].Article 240 of the Civil Code.

The owner shall have the right to occupy, use, benefit from and dispose of his immovable or movable property in accordance with law.

Article 214.

Where the creation, alteration, transfer or extinction of real estate rights shall be registered in accordance with the provisions of law, they shall take effect from the time they are recorded in the real estate register.