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【法规名称】涓崕浜烘皯鍏卞拰鍥界墿鏉冩硶
Real Right Law of the People's Republic of China
【发布时间】20070316
【实施时间】20071001
 
 
【English version】 【中文正文】 【中英文逐条对照】
 
 
 
Real Right Law of the People's Republic of China
Order of the President of the People鈥檚 Republic of China
(No. 62)
The Real Right Law of the People鈥檚 Republic of China, which was adopted at the 5th session of the Tenth National People鈥檚 Congress on March 16, 2007, is hereby promulgated for effect as of October 1, 2007.
President of the People鈥檚 Republic of China Hu Jintao
March 16, 2007
Real Right Law of the People鈥檚 Republic of China
(Adopted at the 5th session of the Tenth National People鈥檚 Congress on March 16, 2007)
Table of Contents
Part One General Provisions
Chapter I Basic Principles
Chapter II Creation, Change, Transfer and Elimination of Real Right
Section 1 Registration of Realties
Section 2 Delivery of Chattels
Section 3 Other Provisions
Chapter III Protection of Real Right
Part Two Ownership
Chapter IV General Provisions
Chapter V State Ownership, Collective Ownership and Private Ownership
Chapter VI Owners鈥 Partitioned Ownership of Building Areas
Chapter VII Contiguous Relationship
Chapter VIII Common Ownership
Chapter IX Special Provisions on the Acquisition of Ownership
Part Three Usufructuary Rights
Chapter X General Provisions
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 Four Real Rights for Security
Chapter XV General Provisions
Chapter XVI Right to Mortgage
Section 1 General Right to Mortgage
Section 2 Right to Mortgage at Maximum Amount
Chapter XVII Right of Pledge
Section 1 Pledge of Chattels
Section 2 Pledge of Rights
Chapter XVIII Lien
Part Five Possession
Chapter XIX Possession
Supplementary Provisions
銆銆part i general rules chapter i basic principles
Chapter I Basic Principles
銆銆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, protecting the socialist market economic order, clearly defining the attribution of the res, bringing into play the utilities of the res and safeguarding the real right of the right holder.
銆銆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 shall be taken as an object of real right, such provision shall be applicable.
the term "real right" as mentioned in the present law means the exclusive right of direct control over a specific res enjoyed by the holder in accordance with law, including ownership, usufractuary right and real rights for security.
銆銆article 3 in the primary phase of socialism, the state adheres to the basic economic system with the public ownership playing a dominant role and diverse forms of ownership developing side by side.
the public economy shall be consolidated and developed by the state, and the development of the nonpublic economy shall be encouraged, supported and guided.
the socialist market economy system shall be practiced by the state as well as the equal legal status and development rights of all market subjects shall be protected.
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 any entity or individual.
銆銆article 5 the varieties and contents of real rights shall be prescribed by law.
銆銆article 6 the creation, alteration, alienation or termination of the real right of a realty shall be subject to registration in accordance with law. the creation or alienation of the real right of a chattel shall be delivered in accordance with law.
銆銆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 interests or the lawful rights and interests of any other person.
銆銆article 8 in case there exists any other special provision in respect of real right in any other law, such special provision shall prevail.
銆銆chapter ii creation, alteration, alienation and termination of real right
銆銆section 1 reality registration
銆銆article 9 until it is registered in accordance with law, the creation, alteration, alienation or termination of the real right of a realty shall come into effect; unless it is otherwise prescribed by any law, it shall have no effect if it is not registered in accordance with law.
as regards the ownership of the natural resources owned by the state in accordance with law, the registration is not required.
銆銆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 shall be specified by the related laws and administrative regulations.
銆銆article 11 in light of the different registration items, an applicant shall, when applying for the registration of a realty, provide the ownership certificate of the realty and such necessary materials as the location and area of the realty.
銆銆article 12 a registration organ shall perform the duties as follows:
锛1锛 to examine the ownership certificate and other necessary materials as provided by the applicant;
锛2锛 to inquire the applicant about the registration items concerned;
锛3锛 to register the related items in accordance with the facts and in a timely manner; and
锛4锛 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 the applicant to provide supplementary materials and conduct on-the-spot inspection where necessary.
銆銆article 13 no registration organ may commit any of the behaviors as follows:
锛1锛 to ask for an evaluation of a realty;
锛2锛 to repeatedly register registration in the name of annual inspection; or
锛3锛 other behaviors conducted beyond its scope of registration duties.
銆銆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 when it is recorded in the realty register in case the registration thereof is required by law.
銆銆article 15 as regards a contract entered into by the related parties concerned on the creation, alteration, alienation or termination of the real right of a realty, it shall go into effect upon the conclusion of the contract, unless it is otherwise prescribed by any law; and the validity of the contract is not affected, whether the real right has been registered or not.
銆銆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 registration organ.
銆銆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 certificate shall accord with those recorded in the realty register; unless it is proved that there is anything wrong in the realty register, the one recorded therein shall prevail in the case of any inconsistence.
銆銆article 18 any right holder or interested party may file an application for consulting or copying the registration materials, and the registration organ may not reject.
銆銆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 may apply for a correction of the registration. the registration organ shall revise the registration accordingly, in case the holder recorded in the realty register agrees to revise the registration in written form or there is evidence to prove that the registration is wrong.
the interested party may apply for dissidence registration, in case the holder recorded in the realty register does not agree to the alteration. where the registration organ grants the dissidence registration but the applicant fails to lodge an action within 15 days as of the date of dissidence registration, the dissidence registration shall lose its effect. in case the dissidence registration is improper and bring into damages to the right holder, the holder may require the applicant to compensate for damages.
銆銆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 for advance notice registration to the registration organ so as to ensure the realization of the real right in the future. without the consent of the holder in the advance notice registration, any disposal of the realty, after the advance notice registration, may not produce effect of real right.
in case the obligee's right is terminated after the advance notice registration is made, or the application for the registration of the realty is not filed within 3 months as of the date when it can be registered, the advance notice registration shall lose its effect.
銆銆article 21 in case any related party provides false materials for applying for registration and causes damages to any other person, it/he shall assume the liability for compensation.
in case any registration organ causes damages to any other person by virtue of any mistake in registration, it shall assume the liability for compensation. the registration organ may, after making the compensation, recover the amount from the person who causes the registration mistake.
銆銆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 of the realty's value. the concrete charging rates shall be formulated by the related departments in the state council in collaboration with the competent pricing department.
銆銆section 2 chattel delivery
銆銆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 delivery.
銆銆article 24 the creation, alteration, alienation or termination of the real right of any vessel, aircraft or motor vehicle and so on may not challenge any bona fide third party if it is not registered.
銆銆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 real right shall come into effect upon the effectiveness of the legal act.
銆銆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 assuming the obligation of delivery may, instead of delivery, alien the right to request the third party to return the original object.
銆銆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 real right shall go into effect upon the effectiveness of the agreement.
銆銆section 3 other rules
銆銆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 or arbitration committee or a requisition decision of the people's government, etc, the real right shall come into effect upon the effectiveness of the legal document or the requisition decision of the people's government.
銆銆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 or bequest.
銆銆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, it shall come into effect upon the accomplishment of the factual behavior.
銆銆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 thereof may not produce effect of real right until it is registered as required by law.
銆銆chapter iii protection of real right
銆銆article 32 where a real right is damaged, the right holder may settle the problem by means of conciliation, mediation or arbitration, etc.
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1,577,998 14,432,559 6,506
3,759 567,978 2,406
5,668 49,362 23,598
2,676 4,305 37,574
10,115 1,918 183,759
10,110 652 73,759
1,016 3,521 24,474
14,601 760 4,528
8,342 5,923
 
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