Http://www.moj.go.jp /content/001183661.p Df.pdf

001183661.pdf
Preview of http://www.moj.go.jp /content/001183661.p df
🔗 Source: moj.go.jp
📊 Size: 505 KB
👤 Author: maintenance
⬇️ Downloads: 96

Summary

The proposed amendments to the Civil Code (inheritance relations) aim to protect the residential rights of spouses. Two measures are proposed:

1. Short-term protection of residential rights:
- The spouse has the right to continue living in the inherited property without charge until the division of the estate is finalized.
- The spouse is responsible for ordinary necessary expenses, but not for extraordinary necessary expenses or beneficial expenses.
- The spouse cannot transfer or sublet the short-term residential right.
- The short-term residential right expires when the spouse loses possession of the property or dies.

2. Long-term protection of residential rights:
- A new legal right, "long-term residential right," is established, allowing the spouse to use the inherited property for life or a certain period.
- The long-term residential right can be obtained through inheritance division, will, or death-caused gift.
- The spouse has the obligation to use the property in accordance with its intended use and to preserve it.
- The spouse bears the necessary expenses, and the owner of the property is responsible for beneficial expenses.
- The long-term residential right can be transferred or sublet only with the consent of the property owner.
- The long-term residential right expires when the spouse dies or when the property owner requests its expiration due to the spouse's violation of obligations.

Description

The proposed amendments to the Civil Code (inheritance relations) aim to protect the residential rights of spouses. Two measures are proposed:

1.

Technical Information

  • File Format: PDF
  • File Size: 505 KB
  • Pages: 38
  • Language: EN
  • Author: maintenance
  • Total Downloads: 96
  • Last Updated: 4 days ago

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