Civil Code: Right of Occupancy


(These clauses are selected from The Civil Code of the People’s Republic of China translated and authored by Steve Li and Robert Zhang, international arbitration lawyers registered in Shanghai, China, and published by Kindle Unlimited. No reproduction is allowed unless authorized by the authors.)
 
Chapter XIV Right of Occupancy
Article 366 An authorized occupant shall be entitled to the usufructs of occupancy and use of the owner's residence as agreed to meet their dwelling needs.
Article 367 No right of occupancy shall be created unless the parties enter into a written occupancy contract.
In general, an occupancy contract shall contain the following
(1) the names and domiciles of the parties;
(2) the location of the residence;
(3) the conditions and requirements for occupancy;
(4) the occupancy period; and
(5) dispute resolution.
Article 368 The right of occupancy shall be created without consideration unless otherwise agreed by the parties. No right of occupancy shall be created unless registered before the competent registration authority upon an application. The right of occupancy shall be created upon its registration.
Article 369 No right of occupancy shall be transferred or inherited. No residence encumbered with the right of occupancy shall be leased unless otherwise agreed by the parties.
Article 370 The right of occupancy shall be extinguished upon the expiration of the occupancy period or the death of the authorized occupant. The right of occupancy shall be deregistered in a timely manner upon its extinguishment.
Article 371 The creation of the right of occupancy by a will shall be governed, mutatis mutandis, by the provisions of this Chapter XIV.

 

Practising lawyers

Robert Zhang

An international lawyer registered in Shanghai, China. Master's degreePublish…

Steve Li

An international lawyer registered in Shanghai, China. Master's degreePublish…

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We are a group of China local lawyers from a few law firms
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