REAL RIGHT LAW OF THE PEOPLE’S REPUBLIC OF CHINA
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Order of the President of the People’s Republic of China
No. 62 The Real Right Law of the People’s Republic of China has been adopted at the 5th session of the Tenth National People’s Congress on March 16, 2007 Real Right Law of the People’s Republic of China (Adopted at the 5th session of the Tenth National People’s Congress on March 16, 2007)
Contents Chapter I Basic Principles Chapter II Creation, Alternation, Alienation and Termination of Real Right Section 1 Reality Registration Section 2 Chattel Delivery Section 3 Other Rules Chapter III Protection of Real Right Part II Ownership Chapter IV General Rules Chapter V State Ownership, Collective Ownership and Private Ownership Chapter VI Owners’ Partitioned Ownership of Building Areas Chapter VII Neighboring Relationship Chapter VIII Common Ownership Chapter IX Special Rules on Acquiring Ownership Part III Usufructuary Rights Chapter X General Rules Chapter XI Right to the Contracted Management of Land Chapter XII Right to Use Construction Land Chapter XIII Right to Use House Sites Chapter XIV Easement Part IV Real Rights for Security Chapter XV General Rules Chapter XVI Mortgage Right Section 1 General Mortgage Right Section 2 Mortgage Right at Maximum Amount Chapter XVII Pledge Right Section 1 Chattel Pledge Section 2 Right Pledge Chapter XVIII Lien Part V Possession Chapter XIX Possession
Supplementary Rules Chapter I Basic Principles Article 1 In accordance with the Constitution Law, the present Law is enacted with a view to maintaining the basic economic system of the state, Article 2 The civil relationships incurred from the attribution and utilization of the res shall be governed by the present Law. The term “res” as mentioned in the present Law means realties and chattels. Where it is prescribed in any provision that certain right The term “real right” as mentioned in the present Law means the exclusive right of direct control over a specific res enjoyed by the Article 3 In the primary phase of socialism, the state adheres to the basic economic system with the public ownership playing a dominant role The public economy shall be consolidated and developed by the state, and the development of the nonpublic economy shall be encouraged, The socialist market economy system shall be practiced by the state as well as the equal legal status and development rights of all Article 4 The real right of the state, collective, individual or any other right holder shall be protected by law, and may not be damaged by Article 5 The varieties and contents of real rights shall be prescribed by law. Article 6 The creation, alteration, alienation or termination of the real right of a realty shall be subject to registration in accordance Article 7 One shall, when acquiring or exercising a real right, comply with the law, respect social morals and may not infringe upon the public Article 8 In case there exists any other special provision in respect of real right in any other law, such special provision shall prevail. Chapter II Creation, Alteration, Alienation and Termination of Real Right Section 1 Reality Registration Article 9 Until it is registered in accordance with law, the creation, alteration, alienation or termination of the real right of a realty As regards the ownership of the natural resources owned by the state in accordance with law, the registration is not required. Article 10 The registration of a realty shall be handled by the registration organ at the locality of the realty. A uniform registration system over realties shall be practiced by the state. The scope, organ and measures of uniform registration Article 11 In light of the different registration items, an applicant shall, when applying for the registration of a realty, provide the ownership Article 12 A registration organ shall perform the duties as follows: (1) to examine the ownership certificate and other necessary materials as provided by the applicant; (2) to inquire the applicant about the registration items concerned; (3) to register the related items in accordance with the facts and in a timely manner; and (4) other duties as provided for in any law or administrative regulation. In case the related situation of the realty under application for registration needs further proving, the registration organ may request Article 13 No registration organ may commit any of the behaviors as follows: (1) to ask for an evaluation of a realty; (2) to repeatedly register registration in the name of annual inspection; or (3) other behaviors conducted beyond its scope of registration duties. Article 14 As regards the creation, alteration, alienation or termination of the real right of a realty, it shall go into effect since the date Article 15 As regards a contract entered into by the related parties concerned on the creation, alteration, alienation or termination of the Article 16 The realty register shall be the basis for deciding the ownership and contents of a realty and shall be under the management of the Article 17 The realty ownership certificate shall be the evidence for the holder’s ownership of a realty. The items recorded in the realty ownership Article 18 Any right holder or interested party may file an application for consulting or copying the registration materials, and the registration Article 19 In case any right holder or interested party holds that there is anything wrong in any item recorded in the realty register, it/he The interested party may apply for dissidence registration, in case the holder recorded in the realty register does not agree to the Article 20 In case the related parties entered into a purchase agreement on a premise or the real right of any other realty, they may apply In case the obligee’s right is terminated after the advance notice registration is made, or the application for the registration of Article 21 In case any related party provides false materials for applying for registration and causes damages to any other person, it/he shall In case any registration organ causes damages to any other person by virtue of any mistake in registration, it shall assume the liability Article 22 Realty registration fees shall be charged on each piece, and may not be charged on the basis of the size, volume or certain proportion Section 2 Chattel Delivery Article 23 Unless it is otherwise prescribed by any law, the creation or alienation of the real right of a chattel shall come into effect upon Article 24 The creation, alteration, alienation or termination of the real right of any vessel, aircraft or motor vehicle and so on may not Article 25 In case the right holder has legally possessed the chattel prior to the establishment or alienation of a chattel’s real right, the Article 26 In case a third party has legally possessed the chattel prior to the establishment or alienation of a chattel’s real right, the person Article 27 In case both parties agree to let the alienator continuously possess the chattel when the real right of a chattel is alienated, the Section 3 Other Rules Article 28 In case the creation, alteration, alienation or termination of a real right is resulted from a legal document of the people’s court Article 29 In case real right is acquired through inheritance or bequest, it shall go into effect as of the beginning time of the inheritance Article 30 In case a real right is created or terminated as a result of such factual behaviors as the legal construction or premise demolition, Article 31 As regards a real right of realty enjoyed according to the provisions of Articles 28 through 30 of the present Law, any disposal Chapter III Protection of Real Right Article 32 Where a real right is damaged, the right holder may settle the problem by means of conciliation, mediation or arbitration, etc. Article 33 Where any dispute over the ownership or content of real right arises, the interested parties may require the confirmation of the Article 34 Where a realty or chattel is under an unauthorized possession, the right holder may require the returning of the original object. Article 35 In case a real right is under obstruction or may be obstructed, the right holder may require the removing of the impediment or the Article 36 In case a realty or chattel is damaged, the right holder may require the repairing, remaking, changing or the restoration of the Article 37 In case the infringement upon a real right causes losses to the right holder, the right holder may require the compensation for the Article 38 The ways for protecting real right as prescribed in the present Law may apply either independently or jointly in light of the specific In addition to assuming civil liabilities, any entity or individual infringing upon a real right shall assume the administrative liabilities Part II Ownership Chapter IV General Rules Article 39 The owner of a realty or chattel is enpost_titled to possess, utilize, seek profits from and dispose of the realty or chattel in accordance Article 40 The owner of a realty or chattel is enpost_titled to establish a usufructuary right or real right for security over the realty or chattel. Article 41 As regards a realty or chattel that is exclusively owned by the state as prescribed by law, its ownership may not be acquired by Article 42 In order to meet the demands of public interests, it is allowed to requisition lands owned collectively, premises owned by entities When requisitioning land owned collectively, it is required to, in accordance with law and in full amount, pay land compensation fees, When requisitioning the premises owned by entities and individuals or other realties, it is required to compensate for demolishment The compensation fees for requisition and other fees may not be embezzled, misappropriated, privately shared, detained or delayed Article 43 Special protections are provided by the state for farm lands, the conversion of farm lands into construction lands is strictly restricted Article 44 For meeting needs of emergent dangers or disasters, it is allowed for one to use the realties or chattels owned by entities and individuals Chapter V State Ownership, Collective Ownership and Private Ownership Article 45 As regards the properties that shall be owned by the state as provided for by law, they shall be in the ownership of the state, that The State Council shall exercise the ownership of state-owned properties on behalf of the state; in case there is any otherwise provision Article 46 Mineral deposits, waters and sea areas shall be in the ownership of the state. Article 47 Urban lands shall be in the ownership of the state. As regards lands in the rural areas and suburban areas that shall be owned by Article 48 Such natural resources as forests, mountains, grasslands, waste lands and tidal flats shall be in the ownership of the state, except Article 49 As regards the wildlife resources that shall be owned by the state as provisioned by law, they shall be in the ownership of the state. Article 50 Radio frequency spectrum resources shall be in the ownership of the state. Article 51 As regards the cultural relics that shall be owned by the state as provisioned by law, they shall be in the ownership of the state. Article 52 National defense assets shall be in the ownership of the state. As regards such infrastructures as railways, highways, electric power facilities, telecommunication facilities, and petrol and gas Article 53 State organs have the power, in accordance with the laws and the relevant provisions of the State Council, to possess, utilize and Article 54 The public institutions held by the state have the power to possess, utilize, as well as, according to the laws and the relevant Article 55 As regards the enterprises set up with the funds invested in by the state, the State Council and the local people’s governments shall Article 56 The state-owned properties shall be protected by law, and no entity or individual may encroach, plunder, privately distribute, hold Article 57 The institutions and working personnel thereof in charge of performing the duties of managing and supervising state-owned assets In case any entity or individual, in the process of enterprise restructuring, merger, division or affiliated transactions, causes Article 58 The collectively-owned realties and chattels shall contain: (1) Lands, forests, mountains, grasslands, wastelands and tidal flats that shall be in the ownership of collective as provided for by (2) Buildings, production facilities, farmland, and water conservancy facilities that are in the ownership of collective; (3) Facilities for education, science, culture, sanitation and sports, etc that are in the ownership of collective; (4) Other realties and chattels that are in the ownership of collective. Article 59 The realties and chattels that are in the ownership of a farmers’ collective shall be collectively owned by all the members of this The following issues shall be determined by the members of the collective according to the statutory procedures: (1) land contracting plan and whether to contract out a land to an entity or individual not included in the collective; (2) adjustment of the contracted lands among the right holders of the contracted management of land; (3) methods for using and distributing such fees as land compensation fees; (4) the alteration of ownership or any other related issue of an enterprise set up with the funds invested in by the collective; and (5) other issues provided for by any law. Article 60 As regards any collectively-owned land, forest, mountain, grassland, wasteland or tidal flat, the ownership thereof shall be exercised (1) In case it is owned by a farmers’ collective of a village, a collective economic organization or the villagers’ committee of the village (2) In case it is owned by two farmers’ collectives or more, all the collective economic organizations or villagers’ groups of the village (3) In case it is owned by a farmers’ collective of a town, a collective economic organization of the town shall exercise the ownership Article 61 As regards any realty or chattel owned by an urban collective, this urban collective has the rights to possess, use, seek profits Article 62 The collective economic organization, villager’s committee or villagers’ group shall, in accordance with the relevant laws, administrative Article 63 Collectively-owned properties shall be protected by law, and any entity or individual may not encroach, plunder, privately distribute, Where the legitimate rights and interests of any member of the collective are infringed upon by any decision made by a collective Article 64 An individual has the right to own his legal income, premise, household goods, production instruments, raw materials as well as other Article 65 The legal savings, investments and the proceeds therefrom of an individual shall be protected by law. An individual’s right of inheritance as well as other legal rights and interests shall be protected by the state in accordance with Article 66 An individual’s legal properties shall be protected by law, any entity or individual may not encroach, plunder or destroy them. Article 67 The state, any collective or individual may invest to set up a limited liability company, a company limited by shares or any other Article 68 In accordance with the laws, administrative regulations and its articles of association, An enterprise legal person is enpost_titled As regards the rights over the realties and chattels owned by a legal person other than an enterprise legal person, the provisions Article 69 The realties and chattels owned by social organizations in accordance with law shall be protected by law. Chapter VI Owners’ Partitioned Ownership of Building Areas Article 70 As regards such exclusive parts within the buildings as the residential houses or the houses used for business purposes, an owner Article 71 An owner is enpost_titled to possess utilize, seek profits from and dispose of the exclusive parts of the building. Any owner may not Article 72 An owner enjoys the rights and assumes the obligations over the common parts other than the exclusive parts of the building, and In case an owner alienates his residential house or the house used for business purposes within the building, the common ownership Article 73 The roads within the building zone, except for the public roads of cities and towns, shall be commonly owned by the owners. The green Article 74 The parking places and garages within the building area planned for parking cars shall be used to meet the needs of the owners above The ownership of the parking places and garages shall be agreed upon by the related parties in the manners of selling, complementary The parking places, which occupy the roads or other fields commonly owned by all owners, shall be in the common ownership of all the Article 75 The owners may set up an owners’ assembly and vote for an owners’ committee. For the establishment of the owners’ assembly and the vote of the owners’ committee, the related departments under the local people’s Article 76 The following matters shall be commonly determined by all owners: (1) to formulate and revise the rules of procedure for the owners’ assembly; (2) to formulate and revise the stipulations on managing the building and affiliated facilities thereof; (3) to vote for the owners’ committee or alter the members thereof t; (4) to hire or fire the realty service enterprise or any other manager; (5) to raise or use the funds for maintaining the building and affiliated facilities thereof; (6) to rebuild the building or any of its affiliated facilities; (7) other important matters on the common ownership and the common management right. For making a decision on matters prescribed in Item (5) or (6) of the preceding paragraph, the consent of the 2/3 or more of the total Article 77 Any owner may not alter a residential house into a house used for business purposes with violation of any law, regulation or management Article 78 Decisions made by the owners’ assembly or the owners’ committee are binding to each owner. In case the legitimate rights and interests of any owner has been injured by any decision made by the owners’ assembly or the owners’ Article 79 The funds for maintaining a building and affiliated facilities thereof shall be commonly owned by the owners of the building. The Article 80 As regards such matters as the expenses allocation and the proceeds distribution of a building or any of its affiliated facilities, Article 81 The owners of a building may manage the building and affiliated facilities thereof by themselves or they may entrust a realty service As regards the realty service enterprise or any other manager hired by the construction entity, the owners are enpost_titled to alter it Article 82 The realty service enterprise or any other manager shall, upon the strength of the owners’ entrustment, manage the building and affiliated Article 83 The owners shall comply with the laws, regulations and management stipulations. As regards any act infringing upon the lawful rights and interests of other persons, such as discarding wastes at will, discharging |
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