Click on "Read More" below to access Part I of Property Rights Law of the People’s Republic of China.
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PART I GENERAL PROVISIONS
Chapter I Fundamental PrincipleArticle 1
This Law is formulated with a view to maintaining the national basic economic system and the economic order of the socialist market, clarifying the ownership of property, giving full effect to the meaning of property, protecting the obligee’s property ownership rights, in accordance with the Constitution.
This Law shall apply to civil relationship arising from the ownership and utilization of property.
The word “property” as a term used in this Law includes movable and real property. Where there are laws stipulating rights as the objects of property rights, they shall be observed.
The phrase “property rights” as a term used in this Law refers to the exclusive right enjoyed by the obligee to directly control specific properties including ownership, usufructuary and security right in property rights.
During the primary stage of socialism, the State shall adhere to the basic economic system, with public ownership playing a dominant role and diverse forms of ownership developing side by side.
The State shall consolidate and develop unswervingly the public sector of the economy and at the same time encourage, support and guide the development of the non-public sectors of the economy.
The State implements the socialist market economy, ensuring equal legal status and right for development of all market players.
The property rights of the State, collective, individual and other obligees shall be protected by laws and shall not be infringed by any institute or individuals.
The types and content of property rights shall be stipulated by laws.
The establishment, modification, transfer and lapse of the right in real property shall be registered in accordance with relevant laws and regulations. The establishment and transfer of the movable property shall be delivered pursuant to laws and regulations.
The attainment and exercise of property rights shall comply with laws, social morality and shall not do harm to the public interests and the legitimate rights and interests of others.
Where there are laws stipulated otherwise in respect of property rights, such laws shall be observed.
Chapter II Establishment, Modification, Transfer and Lapse of the Property Right
Section I Real Property RegistryArticle 9
Unless otherwise provided by law, the establishment, modification, transfer and lapse of the right in real property shall only take effect upon registration pursuant to laws.
The ownership with regard to State-owned natural resources might not be registered.
The real property shall be registered in the registration department of the place where it is located.
With regard to real property, the State pursues a uniformed registration system, of which the scope, departments and methods shall be stipulated by laws and administrative regulations.
While applying for registration, the party interested shall provide evidentiary materials showing the ownership as well as other necessary materials specifying the site and size of the real property.
The registration department shall perform such duties as stated below:
(i) Check and examine the evidentiary materials showing the ownership and other necessary materials submitted by the applicant;
(ii) Raise inquiries to the applicant in respect of the registration;
(iii) Conduct registration according to facts and in a timely manner;
(iv) Other duties provided by laws and administrative regulations;
In the event where further evidence is needed in respect of relevant items of the real property to be registered, the registration department may require the applicant to provide supplementary materials and conduct field survey if necessary.
The registration department shall not conduct any of the following:
(i) Require evaluation with regard to the real property;
(ii) Require repetitive registration in the name of annual inspection;
(iii) Other actions beyond the scope of registration authority.
The establishment, modification, transfer and lapse of right in real property, which is required to be registered, shall take effect upon being registered.
The contract entered into by interested parties in respect of the establishment, modification, transfer and lapse of the right in real property shall take effect immediately upon execution thereof unless otherwise provided by law or in the said contract. The validity of the contract shall not be affected if the registration in respect of the right in property is not carried out.
The Real Property Register shall be the basis of evidence pertaining to the ownership and content of the property rights and shall be supervised by the registration department.
The ownership certificate of real property is the evidentiary material showing the rightful ownership of the obligee in such real property. Items recorded in the ownership certificate of real property shall be in conformity with that registered in the registration certificate, otherwise, the real property registration certificate shall apply.
The registration department shall provide assistance to the obligee and interested party to review and make a copy of the registration information.
Where the obligee, interested party considers items recorded in the real property register had been wrongly entered, may apply for correction of the registration. In the event that the obligee of the real property register agrees with the correction in writing or have evidences to prove the existence of the mistakes with regard to the registration, the registration department shall make relevant corrections.
In the event that the obligee of the real property register does not agree with the correction, the interested party may apply to oppose to the registration. Where the opposition registration is approved by the registration department, the applicant may bring a suit to a court within fifteen (15) days from the date of registration of such opposition, failing which such opposition registration shall become invalid. When the obligee suffers from inappropriate opposition registration, the obligee may claim damages from the applicant.
Where concerned parties reach an agreement pertaining to purchase or sale of a house or other real properties, it may, in order to ensure realization of property rights, apply for pre-notice registration with the relevant registration department in accordance with the agreement. Upon completion of the pre-notice registration, the disposal of such real property without consent from the obligee of the pre-notice registration shall not take effect with regard to property rights.
Upon the registration of the pre-notice, the creditor’s rights lapses or within three (3) months from the date on which such registration can be registered, but fails to apply for registration of real property within, the pre-notice registration shall become null and void.
The party concerned shall, if providing false materials for registration that does harm to others, bear the responsibility for compensation.
Where the registration department brings damage to others as a result of mistakes in registration, it shall bear the responsibility for compensation and shall have the right of recourse to the person who is liable for such mistake.
The registration of real property shall be charged according to the quantity and may not be charged according to the size, volume or price of the real property. Specific charge standard shall be jointly stipulated by relevant department of the State Council and the competent department in charge of pricing.
Section II Delivery of Movable PropertyArticle 23
Unless otherwise provided by law, the establishment and transfer of the right in movable property shall take effect upon delivery.
The establishment, modification, transfer and lapse of the right to property in respect of water-crafts, aero-crafts and motor vehicles without first being registered, shall not affect any bona fide third party.
Where the obligee has already in possession of the movable property before the establishment, transfer of the right in such movable property, the property rights shall become effective upon the validity of the legal action.
Where a third party has been in possession of the movable property before the establishment, transfer of the right to such movable property, the delivery of such movable property right may be replaced by transfer of the right to request the third party to return the property by the person entitled with the delivery obligation.
The assignor shall deliver the movable property to the assignee in case of an assignment of the right to such movable property, provided, however, that both parties agree on a continuous possession of such movable property by the assignor, the right to property shall take effect upon the validity of such agreement.
Section III MiscellaneousArticle 28
The establishment, modification, transfer and lapse of the property rights as a result of the legal amanuensis of the people’s court and the arbitration commission, the expropriation decision of the people’s government shall become effective upon the effective date of such legal amanuensis or expropriation decision of the people’s government.
The property rights obtained as a result of inheritance or acceptance of donation shall take effect upon the commencement of the inheritance or the donation.
The establishment or lapse of property rights due to such actual actions as legal construction and demolition of houses shall become valid and effective upon the occurrence of such actions.
The disposal of such property rights as enjoyed pursuant to the provisions of Article 28 to Article 30 hereof shall not become effective in respect of the property rights if not being registered, provided that such disposal needs to be registered.
Chapter III Protection of the Property rightsArticle 32
Where the property rights are infringed, the obligee may handle the problem through such means as pacification, mediation, arbitration or litigation.
In case that disputes arise in respect of the ownership and content of the property rights, the interested party may request affirmation of such right.
Where the real property or movable property is possessed by people without rights, the obligee shall have the right to request return of such property.
Where the property rights are infringed or likely to be infringed, the obligee may request to remove such encumbrance or hazard.
Where the real property or movable property is damaged, the obligee may request repairs, remake, replacement or restoration.
Where the obligee suffers from infringement done to the property rights, it may claim damages and request the infringing party to bear other civil liabilities.
The methods with regard to the protection of the property rights provided in this chapter may be used separately or jointly according to specific circumstances of the infringement of the right.
Where the infringement of the property rights violates administrative regulations, the infringing party shall, in compliance with laws, assume the administrative liability, in addition to the civil liability; if such infringement constitutes a crime, the party concerned shall be investigated for criminal responsibility in accordance with law.