Article 2 This Law shall apply to civil relations arising from the ownership and utilization of things.

Things referred to in this Law include real estate and movable 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 right holder’s direct control and exclusive right to specific things in accordance with the law, including ownership, usufruct rights and security rights.

"Explanation" This article is about the scope of adjustment of property law.

The first paragraph of this article stipulates the social relations regulated by property law, which is the scope of adjustment of property law. The ownership of a thing refers to the owner of the thing. Determining the ownership of the thing is to determine who the civil property rights belong to. This is the prerequisite for the use of the thing. When property rights law adjusts the ownership relationship of things, it is necessary to determine the principles of property ownership, which is an important content of property rights law. Whether the owner uses his property or gives it to others to use, it is the use of the property.

The use of a thing is the purpose of ownership of the thing. Property law adjusts the relationships arising from the use of things and determines the rules for the use of things, which is also an important part of property law. Property law applies to civil relations arising from the ownership and use of things. What needs to be made clear is that the property rights law does not generally adjust the ownership and utilization relationship of all things. The property rights law only adjusts the property relations arising from the ownership and utilization of things between equal subjects, which is what is stipulated in the first paragraph of this article. civil relations”.

According to the division of legal departments, property law belongs to civil law and regulates horizontal social relations; the vertical relationship between managers and managed people in economic and social management activities also involves the ownership and utilization of property, but This type of relationship is mainly regulated by administrative law and economic law and does not fall within the scope of property rights law. Add Property Manager to favorites!

Things regulated by property rights law include real estate and movable property. Real estate refers to land, houses, trees and other land fixtures; movable property refers to things other than real estate, such as cars and televisions.

Real estate and movables are classifications of things in property law. The reason for such classification is mainly to facilitate the regulation of real estate and movables according to their respective characteristics. Objects in property law are usually physical objects or tangible objects, which refer to physical objects, including solids, liquids, gases, electricity, etc. The so-called "corporeal objects" or "tangible objects" are mainly relative to spiritual products. Books, trademarks, patents, etc. are spiritual products and are intangible objects or intangible objects. Spiritual products are not the objects of property law regulation and are mainly governed by special laws such as Adjustments to copyright law, trademark law, and patent law.

All things in the world, not all physical objects or tangible objects are the objects regulated by property rights law. What can be the objects regulated by property rights law must be things that can be controlled by human beings and have utility value. Human beings cannot control and Things that cannot be used are not objects of property law. However, with the development of science and technology, some things that were previously uncontrollable and unusable can also be controlled and utilized, and they have been included in the scope of adjustment of property rights law. The scope of things regulated by property rights law is also constantly expanding.

Spiritual products do not fall within the scope of property rights law, but in some cases, property rights law also involves these spiritual products. This mainly means that property rights in copyrights, trademark rights and patent rights can be used as the subject matter of security interests. Article 223 of the Property Law stipulates that transferable property rights in intellectual property rights such as registered trademark rights, patent rights, and copyrights can be pledged as rights pledges.

In this case, rights also become the object of property rights. Therefore, paragraph 2 of this article stipulates that if the law stipulates that rights should be the object of property rights, the regulations shall prevail.

Real right is a kind of property right, which is the right of the obligee to directly control certain things within the scope of the law and to exclude the interference of others. Since property rights are the rights to directly control things, property rights are also called "absolute rights"; the obligee of property rights enjoys property rights, and no other person may illegally interfere. The obligor of property rights is other than the obligee of property rights. any other person, so property rights are also called "rights against the world".

In terms of the nature of rights, property rights are different from debt rights. The rights and obligations of a creditor's right are limited to the parties. For example, the rights and obligations of a contract are limited to the parties who enter into the contract. Creditor's rights are the creditor's right to require the debtor to act or refrain from acting, and cannot require people who have nothing to do with the creditor's debt relationship to act or refrain from acting.

Because of this, creditor's rights are called "rights against human rights" and "relative rights". Property rights include ownership, usufruct rights and security rights.

Ownership means that the right holder has the right to fully control his own property in accordance with the law. Usufruct rights refer to the right to use and benefit from other people's property in accordance with the law, such as rural land contract management rights, construction land use rights, etc. Security rights refer to property rights established to ensure the performance of debts. When the debtor fails to perform its debts, the creditor has the right to receive priority payment based on the value of the collateral according to law, such as mortgage rights, pledge rights, liens, etc.

In addition, there are two related issues that need to be explained:

1. The connection and difference between "real rights", "property rights" and "property ownership". The name of this law is "Property Rights Law". Some people think that "real rights" are not easy to understand, while "property rights" are easy to understand, and they suggest that the name of the law be changed to "Property Rights Law" or "Property Ownership Law". What should be explained here is that property rights have a broader connotation than property rights, including not only property rights, but also creditor's rights, intellectual property rights, and inheritance rights.

Obligations are mainly regulated by contract law, intellectual property rights are mainly regulated by trademark law, patent law and copyright law, and inheritance rights are mainly regulated by inheritance law. At the same time, the term "property ownership" is narrower than "property rights" in terms of ownership. Property rights include not only ownership, but also usufruct rights and security rights. The latter two rights are also relatively independent property rights. Therefore, the name of this law should not be called "property rights law" or "property ownership law". It is more accurate to use "property rights law".

2. Regarding the subject of property rights. Paragraph 3 and Article 1 of this article describe the subject of property rights as the “right holder”. There are different opinions on how to express the subject of property rights in the legislative process. Some suggest that it be stipulated as "natural persons, legal persons"; some suggest that it be stipulated as "natural persons, legal persons and other organizations"; some suggest that it be stipulated as "state, collective" and private individuals"; some suggestions stipulate it as "states, citizens, legal persons and other organizations".