What did China people experience from "saving money" to "investing in buying a house"? According to our analysis, there are three main factors that promote this point: First, with the acceleration of urbanization, the house is becoming more and more important to a family. China people suddenly love to buy a house, and solving the housing problem is secondary, mainly because the house is deeply tied with household registration, school district housing, medical care and other resources. And these are just needed, and renting a house is irreplaceable;
Second, with the rapid development of real estate, the investment value of the house is gradually above the residential value. In short, hundreds of millions of people regard the house as a tool to create wealth. Especially the past 10 year is called "golden 10 year" of real estate investment. Buying a house can make money lying down, and real estate occupies an extraordinary position in the hearts of hundreds of millions of China people. Countless people tell everyone with personal experience: there is nothing wrong with buying a house as soon as you have money;
Third, traditional ideas are at work. From ancient times to the present, people in China have a strong land complex. The house is the foundation for a person to stand in the city. "If you have money, buy a house first, buy a real estate", which is the eternal investment logic left by our ancestors. Superposition The vast majority of China people have once and for all consumption habits and have a high desire for the possession of housing property rights. Therefore, the rich will try their best to "buy out" the property rights of the house, rather than "subscribe" the consumption of renting a house.
Many experts have said that the house is an important means for families to accumulate wealth, and it is also a direct embodiment of family wealth. A house is not only a place to live, but also a "stabilizer" for the family. In other words, as the core of a family's total assets, the ownership and inheritance of a house will affect the stability of a family to a certain extent. Especially in families with many parents and children, the inheritance and distribution of real estate has always been the most likely point to cause conflicts of interest. In particular, those old people did not properly arrange the inheritance of real estate when they were alive, and there were not a few children who went to court for real estate. Earlier, it was reported that five children in Shanghai were involved in a lawsuit in recent 10 years in order to compete for property inheritance rights. Because of the two houses, five brothers and sisters changed from relatives to enemies; There are even news reports that three children are fighting for the property under their parents' names, and the old man has no choice but to take the three children to court.
There are countless cases in which children and parents "turned against each other" in order to compete for real estate. What is the root cause of such incidents? We believe that there is a lack of morality, but in the final analysis, it is the lack and imprecision of laws and regulations, especially in the aspect of parents' distribution of assets under their names through wills. There were obvious shortcomings in the past, and it was difficult for children to inherit their parents' property.
The new provisions of the national civil code, which came into effect in 202 1 1, have clearly defined various inheritance issues of real estate. From next year, inheriting parents' property will be handled according to the four "new regulations". Children, please pay special attention, because according to the "new regulations", they inherit the property of their parents according to law. Even if someone is not convinced, it may be useless to argue again:
First of all, two new ways of making wills, "video will" and "print will", are added to make up for the shortcomings.
Making a will in advance is the best way to deal with the assets in your name. However, due to the obvious defects in the way of notarization and will making in the past, it is inconvenient to superimpose the elderly, so few people will do so. On the one hand, its scope of application is very narrow, on the other hand, compensation is particularly troublesome to change. After all, the object of making a will is the elderly, either disabled or ill in bed for a long time, and there is not much energy at all. Most just let nature take its course.
The Civil Code, which will be implemented next year, has added two forms of "video will" and "printed will". Compared with the previous notarization methods, the new regulations greatly improve the possibility of making a will, because mobile phones are very common now, and the obstacles to making a will are much less, which also makes up for the shortcomings of the existing regulations. However, in order to prevent the elderly from being "coerced", the new method also has two conditions: 1, requiring more than two witnesses to be present when making a will; 2. Need a clear handwritten signature, indicating the date of the will.
Secondly, the priority of notarized will was cancelled.
As we mentioned earlier, notarized wills have obvious defects, but this does not prevent them from becoming the first choice of wills. Under the current regulations, notarized wills are still the most effective. No matter how many wills the old man made before his death, the notarized will takes precedence in the end, that is, the notarized will counts. For example, the old man made a notarized will and left his property to his eldest son. However, because he was ill in bed for a long time and filial to his younger son, the old man wanted to leave his property to his younger son, so he made a written will. But in the end, notarization shall prevail. Therefore, we say that the existing regulations are flawed.
Fortunately, however, the new regulations of the Civil Code, which will be implemented next year, have comprehensively revised this item. The new regulations are clear: cancel the priority of notarized wills, that is, in the case of multiple wills coexisting, the last qualified will shall prevail.
For example, an old man first made a notarized will and a written will, and later recorded a legal video will. According to the new regulations, the video will has the most legal effect, and the property distribution under the old man's name is ultimately subject to the video will.
Furthermore, the system of "forgiveness" is added, which highlights human nature.
To put it bluntly, the system of "forgiveness" means "the right to repent" and the opportunity to make corrections. For example, Lao Zhang has two sons. The youngest son has been living with his parents, but his ability and filial piety are not good and he is not loved by his parents. Although the eldest son is very capable, he once made a mistake and lost his inheritance. However, with the passage of time and the accompanying care behavior of the eldest son after the old man became ill, the eldest son also deeply realized his mistake and made up his mind to repent and turn over a new leaf. So the parents decided to forgive their eldest son. In this case, the eldest son can become the legal heir again. The property under his name is inherited and the eldest son is fully qualified.
I have to say that the new regulations are really humanized, and those who do repent of their heirs can be included in the heirs and regain their inheritance rights.
Fourth, the legal heirs will share the property equally, and men and women will be equal, so as to expand the scope of subrogation inheritance people to nephews.
China people have a strong feudal ideology, especially the rural elderly, and the idea that property is passed on from man to woman is even more serious. In traditional thinking, many people think that parents' inheritance should be inherited by their sons, and daughters, as married people, cannot inherit their parents' inheritance. But the new regulations obviously want to break the tradition: both men and women have equal inheritance rights to their parents' inheritance. Under the new regulations, the old idea of passing on the inheritance from son to daughter will be completely abandoned. It should be reminded that in the future, daughters can also actively strive for their legitimate inheritance rights and interests. Most commonly, according to the new regulations, daughters also have the right to share the compensation for the demolition of old houses at home.
In addition to sons and daughters, the "New Regulations" also shows that the scope of legal inheritance will be expanded, that is to say, in the case that all the heirs in line have passed away, or the parties have no children, they will be pushed to family members such as nephews, nieces, nephews, nieces, etc., and everyone has the right to inherit the share of the inheritance.
This means that in the future, if there are no first and second heirs, nephews and nephews can also inherit according to law, and there will be no more cases where there are no heirs and property is nationalized.
To sum up, it can be seen that the "new regulations" have significantly upgraded the inheritance, emphasizing humanization and people-oriented in both ways and forms. It is worth mentioning that under the new regulations, parents can completely distribute property to their children according to their own wishes, and the ways of choice are more abundant. Especially in the past, many old people refused to make a will. The new regulations not only facilitate a lot, but also give the elderly greater rights-the inheritance legally arranged by parents, and it is useless for children to fight.
In a word, the new regulations aim at perfecting the inheritance law. Fundamentally speaking, it is mainly to reduce family conflicts, maintain a harmonious family atmosphere, eliminate the intensification of family conflicts from the source, and take care of the interests of more people as much as possible, which can reduce the lawsuits between relatives to a certain extent.
It can also be seen from the addition of the "forgiveness" system that the new regulations reflect the warmth of human nature-houses and cars are all things outside the body, and the most precious thing in the world is the kinship of flesh and blood. This is obviously warning the world that all virtues and filial piety come first.