A real estate can only set one residential right "Shenzhen Special Economic Zone Real Estate Registration Regulations (Draft for Opinions)"

Real estate registration has always received social attention. Recently, the Shenzhen Municipal Bureau of Justice issued a notice on soliciting the "Regulations on the Registration of Real Estate Real Estate (Draft for Opinions)" (hereinafter referred to as the "Registration Regulations"). It is reported that the Registration Regulations detailed the registration of residential rights, canceled the "building flower" mortgage, innovated the solution path of inheritance registration, historical leftover registration issues, and incorporated the latest results of optimizing the business environment reform in recent years.

There are multiple residents who can have multiple

The Registration Regulations incorporate all kinds of real estate registration into a unified norm to unify the real estate registration basis. The right to use rights, the right to use the island, the right to use forest land, and the ownership of the forest and forests are all provided, so as to fundamentally confirm the status of real estate in the sea area and forest rights. Property rights.

The right of residence is the newly added content of the Civil Code, and it is a new right that has not stipulated in the previous laws. Except for the establishment of residential rights, the registration agency shall apply to the registration agency for residence registration. The residence rights will be established since the registration of the residence. "

The Registration Regulations clarify the application materials and processing processes of residential rights. In response to whether the mortgage rights that have been established in the practical exercise can set up the right to residential rights, whether a house can establish multiple residence rights, whether the residential rights can be transferred, and when the residence right can be expired, and effectively guide me to effectively guide me Municipal residence registration practice. Because the right of residence is aimed at a unimalid unit, it is stipulated that a real estate registration unit can only set up one residential right, but there can be multiple residents. If the house applied for residence registration has been seized, the transfer of the transfer of transfer, or the establishment of the residence right may damage the interests of the rights of the rights, the residential right will not be registered.

In addition, the Registration Regulations Innovation Trailer Registration Regulations. The "Flower Flower" mortgage was canceled, and the registration of the pre -sale commercial housing mortgage was connected with the pre -sale commercial housing filing. At the same time, the procedures for the migration compensation agreement to register for the notation will be further refined, and the type of project type registered with the migration compensation agreement shall be expanded to project types to land preparation and the reconstruction of old residential areas.

Introduce a third -party review agency for investigation and verification of legal facts

Inheritance, will, and premises real estate registration has always been the difficulty of real estate registration. In accordance with the provisions of the Civil Code, inheritance, will, and premium real estate requires registration agencies to review many matters. Such legal relations are very complicated in social life and need to be handled with caution. Therefore, the "Registration Regulations" strive to refine the regulations on real estate registration related to the inheritance, will, and bearing.

The "Registration Regulations" separate the statutory inheritance and the inheritance of the will. In the statutory inheritance transfer registration, all legal heirs need to be applied for real estate distribution. Promise of. At the same time, the parties can also submit notarization or other legal documents.

The announcement procedure has been added, and the real estate registration agency can announce the announcement of the parties' death certificate, will, or all legal heirs on the distribution of real estate allocation. The announcement time is not less than three months.

Introduce a third -party review agency to clarify that when applying for the transfer of inheritance rights, the applicant can entrust a notary or lawyer with a test of a testament manager to investigate or verify the legal facts involved in the registration. Introduce the "Civil Code" testing manager system to reasonably share the review responsibilities, and guide the parties to implement the inheritance rights through hiring the will manager or carrying out the transfer registration of inheritance real estate.

Explore the establishment of the promise system. In the registration of inheritance and the transfer of gifts, it is really difficult for applicants to obtain materials such as death certificates and relative relationships. The applicant can be replaced by the applicant's written commitment to reduce the burden of the parties. The "Registration Regulations" also stipulates that the real estate that handles the transfer registration by informing the commitment to handle transfer registration shall not apply for transfer registration within one year in accordance with the commitment. Avoid the parties from being transferred to the real estate by obtaining real estate through deception and other means, and cannot be recovered when there is a good -faith third party.

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