Location:Home > Family Law > web

Brief of Right of Habitation in China

Time:2022-07-19 11:06:53Source:Click:
The right of habitation is newly introduced in the Civil Code of China. It can be conferred by a will or a contract which allows individual(s) to occupy and live in the dwelling house of others upon registration with government authority.
 
The specific provisions of the right of habitation in the Civil Code of China is as follows:
 
Article 366
A person with a right of habitation is entitled to the right to possess and use another person’s dwelling as agreed in the contract, so as to meet his needs of habitation.

Article 367
To create a right of habitation, the parties shall enter into a contract on such a right in writing.
A contract on a right of habitation generally contains the following clauses:
(1) the name and address of each party;
(2) the location of the dwelling;
(3) the conditions and requirements for the habitation;
(4) the duration of the right of habitation; and
(5) the means of dispute resolution.

Article 368
A right of habitation shall be created free of charge, unless otherwise agreed by the parties. To create a right of habitation, an application for the registration of the right shall be filed with the registration authority. The right of habitation is created upon registration.

Article 369
A right of habitation may not be transferred or inherited. The dwelling in which a right of habitation is created may not be let on lease, unless otherwise agreed by the parties.

Article 370
A right of habitation is extinguished if the term of the right expires, or if the person entitled to the right deceases. Where a right of habitation is extinguished, deregistration of the right shall be made in a timely manner.

Article 371
Where a right of habitation is created by will, the relevant provisions of this Chapter shall be applied mutatis mutandis.