Order of the president of the people's Republic of China

Number sixty-second

The property law of the people's Republic of China has been adopted at the fifth session of the Tenth National People's Congress of the people's Republic of China on March 16, 2007. It is hereby promulgated and shall come into force as of October 1, 2007.

March 16, 2007

Property law of the people's Republic of China

(adopted at the fifth session of the Tenth National People's Congress on March 16, 2007)

Catalog

general provisions

The basic principles of the first chapter

The second chapter is the establishment, alteration, transfer and elimination of the real right.

Section 1 real estate registration

Second section movable property delivery

Section third other provisions

The third chapter of the protection of property rights

Second ownership

The fourth chapter general provisions

The fifth chapter state ownership and collective ownership, private ownership

The sixth chapter of the owner of the building differentiation ownership

Adjacent relation of the seventh chapter

The eighth chapter is a total of

The ninth chapter of the special provisions of ownership

Third usufructuary rights

The tenth chapter general provisions

The eleventh chapter land contract management right

The twelfth chapter construction land use right

The thirteenth chapter homestead right of use

The fourteenth chapter of the right to use

Fourth guarantee real right

The fifteenth chapter general provisions

The sixteenth chapter mortgage

Section 1 general mortgage

The second section of the most high mortgage

The seventeenth chapter pledge

The first section of movables

The second section of pledge of rights

The eighteenth chapter lien

Fifth series possession

The nineteenth chapter holds

Supplementary articles

general provisions

The basic principles of the first chapter

Article 1 this law is formulated in order to safeguard the basic economic system of the country, maintain the order of the socialist market economy, the ownership of the object, the effectiveness of the object, and the right to protect the rights of the people.

This Law shall apply to the civil relations arising out of the ownership and use of the second article.

The term "property" as mentioned in this Law includes real estate and movable property. As the object of the real right, the law provides for the right to be the object of real right.

This law, the term "rights in rem refers to human rights in accordance with the law of specific enjoy the exclusive right of direct control, including ownership, usufructuary right and security interest.

Third countries in the primary stage of socialism, adhere to the public ownership as the main body, the basic economic system of a variety of ownership of the common development of the economy.

To consolidate and develop the public ownership economy, encourage, support and guide the development of non-public ownership economy.

The State shall implement the socialist market economy and guarantee the equal legal status and development rights of all market subjects.

Fourth state, collective, private property rights and other rights of the person's property protected by law, no unit or individual may infringe upon.

The types and contents of the fifth kinds of real right, which is stipulated by law.

Article sixth the establishment, alteration, transfer and elimination of the real right of real property shall be registered in accordance with the law. The establishment and transfer of the real right of movable property shall be delivered in accordance with the law.

Seventh the acquisition and exercise of real rights shall comply with the law, respect social ethics and shall not harm the public interests and the legitimate rights and interests of others.

Article eighth other relevant laws shall, in accordance with the provisions of other relevant laws, have special provisions on the right of real right.

The second chapter is the establishment, alteration, transfer and elimination of the real right.

Section 1 real estate registration

Article ninth the establishment, alteration, transfer and elimination of the real right of real property shall be registered according to law, and shall have effect, unless otherwise provided for in the law, except as otherwise provided for in the law.

In accordance with the law of the country's natural resources, ownership can not be registered.

Tenth real estate registration, the location of the real estate registration authority for.

The State shall implement a unified registration system for real estate. The scope of the unified registration, the registration institutions and the registration methods, the provisions of laws and administrative regulations.

Article 11 the parties to apply for registration, shall, according to the different registration items provide the ownership certificate of the real estate boundary, area and other necessary materials.

Article twelfth the registration organ shall perform the following duties:

(a) examination of the applicant's ownership certificate and other necessary materials;

(two) ask the applicant about the registration;

(three) to truthfully and timely registration of the relevant matters;

(four) other duties as prescribed by laws and administrative rules and regulations.

The relevant circumstances of the application for registration of real estate need to be further proved, the registration authority may require the applicant to supplement the material, if necessary, you can see the.

Article thirteenth the registration institution shall not have the following acts:

(1) to assess the requirements of real estate;

(two) in the name of annual inspection, such as duplication of registration;

(three) other acts beyond the scope of registration.

Article 14 real property of the establishment, change, transfer and elimination, in accordance with the provisions of the law shall register and recording carrier in the immovable property register takes effect.

Article 15 the parties concluded between the establishment, alteration, transfer and elimination of real property right contract, except as otherwise provided by law or otherwise agreed by contract, since the time of formation of the contract effective; did not apply for the registration of property rights, does not affect the validity of the contract.

Sixteenth real estate register is the basis of ownership and content of property. Register of real estate is managed by the registration organization.

Seventeenth real estate ownership certificate is the right person to enjoy the real property of the certificate. Real estate management authority certificate records matters, should be consistent with the real estate registration book, records are inconsistent, in addition to evidence that the real estate registration book is wrong, the real estate registration book shall be.

Article eighteenth the rights and interests of the interested party may apply for inquiries and copy the registration information, and the registration authority shall provide.

Article nineteenth the rights and interests of the people who think that the record of the real estate registration book is wrong, you can apply for correction of the registration. If the right holder recorded in the realty register is in writing to correct or has evidence to prove that the registration is wrong, the registration authority shall make a correction.

Registration of real estate