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Original title: After being “swept away” by his stepmother, he was sued in court. After the implementation of the Civil Code, Haidian’s first case related to the right of residence was sentenced!
After being “swept away” by the stepmother, the adult daughter went to court to confirm her right of residence. On the 4th, the Haidian court rejected his request. This case is the first case related to residency rights pronounced by the Haidian Court after the implementation of the Civil Code.
Wang Di is the daughter of Wang Jiahe and Li Fang. Wang Jiahe and Li Fang were divorced early. Wang Di said that when his parents divorced, they agreed that they would be raised by his father, so the house belonged to his father. Later, his father Wang Jiahe remarried Zhang Yang. After the marriage, Zhang Yang expelled Wang Di from the house and prevented him from living in the house involved. Therefore, Wang Di went to court to confirm his right to reside in the house in question.
Wang Jiahe believes that her daughter has the right to reside in the house and accepts Wang Di’s demand. “When I divorced my ex-wife, it was agreed that my daughter should be raised by me, so my ex-wife agreed that the house involved in the case should belong to me. I also promised that my daughter can go to school in Haidian and living in the house involved. ” At the same time, Wang Jiahe also agreed, in 2008 In 2009, the property rights of the houses involved in the case were changed, adding Zhang Yang as a co-owner of the houses, and Zhang Yang and Zhang Yang each represented the 50% of the shares.
Zhang Yang believes that the house involved in the case belongs to and shares with Wang’s family, and Wang Di claims that the right of residence has no legal basis.
After hearing the court, the court held that in this case, Wang Di claimed the right to reside in the house involved in the case based on the divorce agreement signed by Wang Jiahe and Li Fang and the promise unilaterally written by Wang Jiahe .
Can this be used as a base?
The court analyzed that, first, the divorce agreement signed between Wang Jiahe and Li Fang outside the case stipulated that Wang Di should be raised by Wang Jiahe, and the house involved in the case belonged to Wang Jiahe. Wang Jiahe and Li Fang outside the case did not establish the corresponding rights for Wang Di. .
Second, Wang Jiahe unilaterally promised that Wang Di can live in the house involved. This promise is the guardianship obligation that Wang Jiahe must fulfill as Wang Di’s guardian, not the right of residence in the legal sense.
Third, after Wang Jiahe and Zhang Yang remarried, the property rights of the house involved were changed. Wang Di and the current owners Wang Jiahe and Zhang Yang did not sign a written contract, nor did they register with the registration agency.
On this basis, the court held that, as an adult, Wang Di requested to confirm the right to reside in the house involved in the case without a proper basis. Your claim does not have the relevant legal basis before the implementation of the Civil Code, nor does it comply with the provisions on the right to reside in the Civil Code. So the court did not support his claim.
The judge recalled that there were no legal provisions for the right of residence before the implementation of the Civil Code. In accordance with the provisions of the Civil Code, the holder of the right of residence has the right to own and use the usufruct rights of the houses of other people in accordance with the provisions of the contract, in order to satisfy the necessities of life. need.
At the same time, in order to establish the right of residence, the parties must conclude a contract of the right of residence in writing. The residence right contract generally includes the following clauses: the name or name and address of the parties; the location of the residence; the conditions and requirements of the residence; the duration of the right of residence; and the method of dispute resolution. In addition, if the right of residence is established, the registration agency will be requested to register the right of residence, and the right of residence will be established at the time of registration.
Furthermore, the Civil Code of China also stipulates that if the right of residence is established by a will, reference will be made to the relevant provisions of the chapter on the applicable right of residence. Therefore, the way to establish the right of residence can be a written contract or a will, but all must meet the relevant legal conditions mentioned above. (All characters in the text have an alias)
