Related to the registration of residence right: handle a case and activate a provision of the civil Code

2022-06-06 0 By

Having secured the “red book” of residence right, 73-year-old Uncle Li finally spent a year of peace of mind at home this year.For the first half of 2021, he was haunted by the prospect of being evicted.Originally, Uncle Li’s wife Aunt Xu made a will will property gift brother Xu, Uncle Li only enjoy the right to live.Now, aunt Xu died a few years ago, Mr. Xu as the new owner of the house to sell, Uncle Li worried that his housing rights and interests after the sale of the house can not be guaranteed.Therefore, after the Civil Code of the People’s Republic of China (hereinafter referred to as the Civil Code) was officially implemented, Grandpa Li hurriedly applied to the Executive Board of Hongshan District People’s Court of Wuhan city, Hubei Province for compulsory execution of residence right with the effective judgment of his wife’s inheritance dispute case.It is reported that the case is the first residence right enforcement case after the promulgation and implementation of the civil Code.Case Review In 2006, Uncle Li and Aunt Xu registered their marriage in hongshan District civil Affairs department. Both parties remarried and had no children after marriage.In January 2014, aunt Xu, who was ill, wrote a will that she would give the house she shared with Uncle Li to her brother Mr. Xu after her death, but Uncle Li could live in the house until he remarried.At the beginning of 2016, after Aunt Xu died of illness, Mr. Xu and Uncle Li “filed a lawsuit” over Aunt Xu’s inheritance dispute.The Hongshan court found that Aunt Xu had no children before her death and her parents had passed away. The house which was given to Mr. Xu in her will was purchased by Aunt Xu before her marriage and belonged to aunt Xu’s personal property before her marriage.According to Aunt Xu’s will, the ownership of the house belongs to Mr. Xu.Because the house was aunt Xu and Uncle Li lived together, Aunt Xu also clearly expressed in the will that uncle Li could live in the house until he remarried.In November 2016, the Hongshan court ruled that the house belonged to Xu and Li had the right to live in the house until he remarried.After the verdict, Uncle Li has been living in the suite house, Mr. Xu did not disturb.At the beginning of 2020, Uncle Li suddenly found that the house he was living in was put up for sale on an online platform by Mr. Xu. In January 2021, he went to the Executive Board of Hongshan Court with the previous judgment to apply for compulsory execution of the right of residence.The hongshan court made an enforcement ruling on February 26 after a unanimous discussion of judges, which registered the residence right of the house under The name of Uncle Li.Since there was no precedent for the implementation of residence right before Uncle Li, the unit assisting the execution had no specific operation rules for the registration of residence right. Therefore, the judge of Hongshan Court communicated with the staff of the unit assisting the execution for many times.On March 3, 2021, the executor of the case came to hongshan Government Affairs Service Center, submitted the execution order and the notice of assistance in execution, and the real estate registration department of Hongshan District cooperated with Uncle Li in the registration of residence right.On March 8, 2021, Mr. Li went to the real estate registration window of Hongshan District to apply for residence right registration with his identification certificate and the executive order of Hongshan Court.After many times of communication between the court and the real estate Registration Center, the real estate Registration Center decided to temporarily safeguard Uncle Li’s residential rights and interests in the form of objection registration.On July 1, 2021, Wuhan Natural Resources and Planning Bureau issued the Operation Specification for Residence Right Registration in Wuhan, and the real Estate Registration Center began to officially accept the residence right registration. The staff handled the residence right registration for Mr. Li immediately, and Mr. Li got the residence right real estate registration certificate as he wished.(the above names are not her real name), deputy secretary of wuhan city hongshan district people’s court, deputy dean, 2 senior judges The residency execution case itself is not complicated, li wei’s biggest difficulty was due to the civil code, just across the country residence registration landing, wuhan also has yet to release the corresponding residence registration rules, no execution before residency precedent,Therefore, there is no registration module of residence right in the real estate registration system.This residence right execution case accelerated the promulgation of “Operation Standard for Residence Right Registration in Wuhan city”, ensured the implementation of relevant provisions on residence right in the Civil Code, and further standardized the operation of residence right registration.In addition, I remind you that according to the relevant provisions of the civil Code, the right of residence can be established by contract, will and effective judgment of the court.Whoever establishes the right of residence by any means shall apply to the registration organ for the right of residence registration.With a real estate registration certificate, even if “the house is not mine, I can live in peace.”At the same time, the person who buy a house should also pay attention to whether the house he intends to buy is registered with the right of residence in the real estate registration organization, so as to avoid some legal risks that the house with the right of residence may appear in the follow-up business process, so as not to appear “the house belongs to you, but you can not live” embarrassing situation.Source | Information Bureau of The Supreme People’s Court