Can the right of residence be established with compensation?

2022-06-16 0 By

Article 366 of the Civil Code of the People’s Republic of China stipulates that a person with the right of residence has the right to possess or use the usufructuary right of another person’s house in accordance with the contract so as to meet the needs of living and living.The Civil Code of the People’s Republic of China establishes the right of residence in principle without compensation, but it may also be established with compensation according to the agreement.Whether the establishment is free or paid, it should be registered to the registration authority before it can be established, which is “registration publicity doctrine”.The establishment of the right of residence shall go through the registration formalities at the county level realty registration agency where the house is located, which is generally a realty registration center.In addition, the right of residence can be established through a contract, a will and a legal authority.In essence, the establishment of the right of residence by law is to provide the most basic housing security for some vulnerable groups, to realize the purpose of “home ownership”, and to fully solve and resolve some prominent contradictions in daily life.Article 368 The Right of residence is established free of charge, except as otherwise agreed by the parties concerned.Whoever establishes the right of residence shall apply to the registration organ for registration of the right of residence.The right of residence shall be established at the time of registration.Article 369 Right of habitation may not be transferred or inherited.A house with the right of habitation shall not be rented, except as otherwise agreed by the parties concerned.Article 370 The right of residence shall be extinguished at the expiration of its term or upon the death of the owner.Where the right of residence is extinguished, the cancellation registration shall be handled promptly.Article 371 Where the right of residence is established by means of a will, the relevant provisions of this Chapter shall apply with reference.