The house is given to the son?The Jinan Court has a mediation letter, and the elderly enjoy the right to live in life

Reporter Liu Yino

"Although the house is given to my son, I can live permanently." Recently, the family trial team of the People's Court of Lixia District, Jinan City applied to the "Civil Code" to make a civil mediation letter to establish a lifelong residence right, so that the 80 -year -old elderly "residence" Essence

Mrs. Wang is 88 years old. There are two children and one daughter. My wife has already died. The couple have a common real estate. They are registered in the name of the two. Mrs. Wang is now living with her eldest son Zhang in the house. The care of the eldest son and daughter -in -law's years of careful care made Mrs. Wang very moved. She wanted to transfer the house to Zhang during her lifetime, but this decision attracted the dissatisfaction of other children.

After the younger son and daughter were worried that after the house was transferred, the residence of the elderly lost guarantee and did not agree to the real estate transfer to Zhang. Due to the failure to deal with the house, Zhang's complaint complained to his younger brother, sister and mother to the court and asked to confirm that the house was owned by it.

After the trial judge Lin Qingmei understood the case, he organized Mrs. Wang and their children to mediate. During the mediation process, Mrs. Wang said that her eldest son Zhang and daughter -in -law have been filial for so many years. She can take care of her. All the property rights shares of the wife were given to Zhang, and Zhang also expressed the acceptance of the gift. The other children of Mrs. Wang also expressed their concerns about the loss of housing security after the house transfer. In order to eliminate the concerns of the other children of the old Mrs. Wang and maintain family harmony, Judge Lin interpreted the relevant provisions of the "Code of the People's Republic of China" to the parties, and guided the parties to protect the way of establishing a living right to the old lady on the house by the house. Its residence rights. After the judge's patient mediation, the parties reached an agreement that the house involved in the case was owned by someone, and the old lady Wang enjoys the right to the house.

The court issued a mediation letter based on the mediation agreement reached by the parties to confirm that Zhang's father's share in the house was inherited by Zhang, and Zhang paid his younger brother and sister. All of its 50%of the property rights share and the property rights share that should inherit the wife will be given to Zhang, and Zhang accepts the gift; Zhang voluntarily set up a lifelong residence right for Mrs. Wang in the real estate.

The judge explained that my country's "Civil Code" for the first time stipulated the residential rights system and regarded the right to residence as a type of beneficiary rights in property rights. This is a response to the needs of the people's good life, and it is a model of legislative adaptation to the times and social development. By establishing the right to residential rights, it can properly solve the problem of more difficult real estate division in civil cases such as inheritance disputes, and more effectively protect the legitimate rights and interests of the elderly. Residence rights can be established by setting up a residential contract or a will in order to apply for residential rights to the registration agency. In this case, the residence rights established through legal documents have been established since the document takes effect, but the residential person can still apply for residential rights according to the document application and adopt a publicity method to better safeguard their rights and interests.

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