China is gradually entering an aging society, and the issue of old-age care has become the focus of social attention. It is undeniable that some elderly people are facing the dilemma of living alone or not being able to obtain adequate support for their children. How to make the elderly get better living security in their old age?
/ Dalian News Media Group Reporter Shi Yuan /
【Case Review】
Uncle Wang is 70 years old this year, has no children under his knees, his wife and children have passed away a few years ago, he has a property in his name, and he lives alone with a pension of less than 2,000 yuan every day. Some time ago, Uncle Wang suddenly suffered a stroke, but thanks to the neighbor's timely discovery and hospital treatment, he was able to get out of danger. Now, Uncle Wang is facing the high cost of rehabilitation treatment and the need for special life care in the later stage, and he wants to sell the property under his name to alleviate the economic pressure, but in this way, he is facing the dilemma of no house to live in. So, how to solve Uncle Wang's difficulties?
Mr. Park Jeong-chol of Liaoning Hengxin Law Firm:
For the first time, the Civil Code proposes the new type of usufructuary right, the "right of residence". According to article 366 of the Civil Code, the holder of the right of residence has the right to possess and use the residence of others in accordance with the contract, so as to meet the needs of living and living. At the same time, the Civil Code stipulates that where the right of residence is established, the registration of the right of residence shall be applied to the registration agency, and the right of residence shall be established from the time of registration.
So what is the significance of the inclusion of the "right of residence" in the civil code for our real life?
First of all, to meet the needs of the elderly to provide for the elderly. After the civil code comes into effect, in this case, Uncle Wang can consider selling the property under his name to others at a lower price than the market value, and at the same time obtain the right of residence of the property for sale until his death by signing a residence agreement with the purchaser and registering it. In this way, Uncle Wang can not only obtain funds for his later life, but also ensure a stable living condition.
Second, to ensure the needs of a party with difficulties in life after divorce to live and have a home. In reality, divorce can sometimes lead to a difficult spouse having no room to live in. According to article 1090 of the Civil Code, "In the event of divorce, if one party is living in difficulty, the other party who can afford it shall give appropriate assistance." The specific measures shall be agreed upon by both parties; if the agreement fails, the people's court shall make a judgment. "Accordingly, the residency system may play a larger role in protecting the home ownership of a party who is struggling to live after divorce.
Third, to achieve the need for stable housing for young people who are temporarily unable to buy a house. For some young people who are temporarily unable to buy real estate, under the right of residence system, they can buy the right of residence of other people's properties at a relatively low price. In this way, it can not only meet the needs of living, but also do not need to pay a larger amount, but also achieve the stability of residence, which is conducive to social development to a certain extent.
Finally, address the housing needs of the elderly who live together. Influenced by traditional Chinese ideas, many elderly people tend to inherit their inheritance, especially the housing, by their children, but also want to solve the problem of the residence of the other living spouse (especially the remarried spouse) or even the cohabiting partner who does not have a marital relationship or the nanny who cares for the elderly for a long time. Under the right of abode system, the elderly can make a will to have their children inherit the house, but at the same time establish a lifetime residency for the spouse, common-law partner or nanny.
Author: Shi Yuan
Source: Dalian Daily