Right of residence

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As a right of residence in Germany and housing law , in Austria also home use rights , referred to the authority, a building or parts of a building, excluding the owner as home use (a form of a utility right).

Roman law

Already in classical Roman law the right of use (usus) is seen as a highly personal right of use and as a "split off" of the usufruct (ususfructus), which is why the rules of usufruct are also to be applied to the right of use and follow this example ( servitutes personae ).

Germany

In Germany housing law is regulated in § 1093 BGB ; see. the more specific article Housing Law . This housing law is not to be confused with the (permanent) housing law by §§ 31 et seq. Wohnungseigentumsgesetz .

Austria

Right of residence in Austria is a collective term for various areas of private and public law. It describes the set of all legal norms that regulate questions of living.

In Austria, these include residential property law, tenancy law, property tax law and procedural law in existing matters. Dogmatically, all these areas are mostly assigned to different areas (civil law / property law , civil law / law of obligations , tax law , etc.), which is also reflected in the places of legal regulation (in Austria: ABGB, WEG, MRG, etc.).

Questions of tenancy law , which always strives to find a balance between the legitimate interests of the landlord, who bears the costs of acquisition and maintenance, and the often socially weaker tenant, who is exposed to inadequate rent and unjustified, are of great importance for practice Termination should be protected.

The Austrian General Civil Code also distinguishes between housing law (Habitatio) and housing right of use and right of usufruct.

Switzerland

The right of residence under Swiss law is a personal servitude. The right of residence gives the person entitled to live (only a natural person) the right to live in a building or in part of it; it is non-transferable, inheritable and non-attachable (Art. 776, Paragraph 2, Civil Code ). The right of residence can be granted for a lifetime (usually as a mixed donation) or willingly (as a so-called legacy of right of residence). The right of residence ends with the expiry of the agreed period of validity, with the waiver or the death of the beneficiary. Unless otherwise agreed, the right of residence is exercised free of charge; there is no monthly interest to be paid. Depending on the financial situation of the encumbered landowner, granting the right of residence can also lead to preferential creditors, which can be asserted by means of Pauliana under bankruptcy law (Art. 286, Paragraph 2, Line 2 DEBA ).

Liechtenstein

In Liechtenstein , too , the term right of residence is a collective term for various areas of private law and public law. In Liechtenstein, the right of residence as a right of use is mainly regulated in Articles 248 to 250 Property Law (SR). This part has been largely out of the Swiss Civil Code rezipiert .

The right of residence in Liechtenstein is established (example) by:

  • Right of residence agreement;
  • property agreement;
  • last will (§ 662 flABGB );
  • Acquisition;
  • judicial judgment;

and receives the real effect through the entry in the land register.

Sweden

literature

Web links

Individual evidence

  1. ↑ See § 1093 Paragraph 1 BGB; § 521 öABGB .
  2. ↑ Also: usufruct, right of usufruct.
  3. ↑ a b quot. according to Antonius Opilio: Working Commentary on Liechtenstein Property Law, Volume 1, 1st edition, Edition Europa Verlag, Dornbirn, 2009, ISBN = 978-3-901924-23-1, Art. 248 SR, note 001.
  4. ↑ In a preliminary draft for a Swiss Civil Code of the Federal Department of Justice and Police of November 15, 1900, Art. 769, Paragraph 1, a “corner in the house” is mentioned as an example under part of such an apartment. This example in Art. 769 para. 1 preliminary draft was not included in the final version of the Civil Code (quoted from Antonius Opilio :: final title SR & Indices, Volume 3, Edition Europa Verlag, Dornbirn, 2010, ISBN = 978-3-901924- 28-6, Art. 748 SR, note 004).
  5. ↑ Hand commentary-Bichsel / Mauerhofer ZGB 776 N 9
  6. ↑ BGE 130 III 235, 237; Hunziker / Pellascio, p. 308.