Current location - Trademark Inquiry Complete Network - Tian Tian Fund - Where can I find the full text of the Property Rights Law of the People's Republic of China?
Where can I find the full text of the Property Rights Law of the People's Republic of China?

Part One of the Property Law, General Provisions, Chapter 1, General Provisions, Article 1 This law is formulated in order to clarify the ownership of the property, protect the property rights of the obligee, give full play to the utility of the property, safeguard the socialist market economic order, and safeguard the country's basic economic system.

Article 2 This Law regulates the property relations between equal subjects arising from the ownership and utilization of things.

The objects mentioned in this Law include real estate and personal property.

If the law stipulates that rights should be the object of property rights, such provisions shall apply.

The term “property rights” as used in this Law refers to the rights of the obligee to directly control specific things, including ownership, usufruct rights and security rights.

Article 3 The types and contents of property rights shall be stipulated by this Law and other laws.

Article 4 Property rights shall be publicized.

The person recorded in the real estate registration book is the obligee of the real estate, and the possessor of the movable property is the obligee of the movable property, unless there is evidence to the contrary.

If the law stipulates that property rights can be obtained without registration, such provisions shall apply.

Article 5 The acquisition and exercise of property rights shall abide by the law, respect social ethics, and shall not damage the interests of the public and the legitimate rights and interests of others.

Article 6 Any unit or individual has the obligation not to hinder the right holder from exercising property rights.

Article 7 The property rights enjoyed by obligees are protected by law and may not be infringed upon by any unit or individual.

Article 8 If other laws have other provisions on the types and contents of property rights, those provisions shall prevail.

Chapter 2 Establishment, Change, Transfer and Extinction of Real Rights Section 1 Real Estate Registration Article 9 The establishment, change, transfer and elimination of real estate rights must be registered; without registration, there will be no real right effect, but the law otherwise

Except as specified.

The ownership of natural resources that belong to the state according to law does not need to be registered.

Article 10 Real estate registration shall be handled by the registration agency where the real estate is located.

The state implements a unified registration system for real estate.

The scope, registration agency and registration methods of unified registration shall be stipulated by laws and administrative regulations.

Article 11 When applying for registration, the parties concerned shall provide ownership certificates, contracts, court judgments or expropriation decisions, and other necessary materials indicating the location, area, etc. of the real estate.

Article 12 The registration agency shall perform the following duties: (1) Check the necessary materials submitted by the applicant; (2) Question the applicant about relevant registration matters; (3) Register relevant matters truthfully and timely; (4) Legal, administrative

Other duties as required by regulations.

If the registration agency believes that the actual status of the real estate applied for registration needs to be inspected, the applicant and other persons with an obligation to assist shall provide assistance.

Article 13 The registration agency shall not engage in the following acts: (1) Requesting the appraisal of real estate; (2) Conducting repeated registrations in the name of annual inspections; (3) Other acts beyond the scope of registration responsibilities.

Article 14 If the establishment, change, transfer and elimination of real estate property rights must be registered, they shall become effective when recorded in the real estate registration book.

Article 15 A contract concerning the establishment, modification, transfer and elimination of real estate rights concluded between the parties shall, unless otherwise provided by law or otherwise agreed in the contract, be effective upon the establishment of the contract; failure to register property rights shall not affect the contract.

Potency.

Article 16 The matters recorded in the real estate registration book are the basis for the ownership and content of property rights.

The real estate register is managed by the registration agency.

Article 17 The real estate ownership certificate is proof that the obligee enjoys the property rights of the real estate.

The matters recorded in the real estate ownership certificate shall be consistent with those recorded in the real estate registration book; if the records are inconsistent, the real estate registration book shall prevail.

Article 18 The registration agency shall provide obligees and interested parties with the convenience of accessing and copying registration materials, and at the same time shall keep confidential content involving state secrets, commercial secrets and personal privacy.

Article 19 If an interested party has objections to the ownership of property and other matters recorded in the real estate registration book, he or she may apply for objection registration.

If the right holder recorded in the registration book agrees in writing to the objection registration or the people's court rules to register the objection, the registration agency shall record the objection in the real estate registration book.

If the applicant does not file a lawsuit or apply for correction of registration within three months from the date when the right holder recorded in the registration book agrees in writing to the objection registration, or if the applicant does not file a lawsuit within 15 days from the date when the People's Court's ruling on objection registration takes effect, the objection registration will become invalid.

.

If there is evidence that the objection registration is improper, the right holder has the right to apply to the registration agency to cancel the objection registration.

If the objection registration causes damage to the right holder, the right holder may request compensation for damages from the applicant for objection registration.

Article 20 If an interested party believes that there is an error in the real estate registration book, he or she may apply for correction of registration.

If there is evidence that there is an error in the registration, the registration agency shall make corrections.