中华人民共和国物权法英文版

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1、中华人民共和国物权法(英文版)Real Right Law of the Peoples Republic of China (Adopted at the 5th session of the Tenth National Peoples Congress on March 16, 2007)Part I General Rules Chapter I Basic PrinciplesArticle 1 In accordance with the Constitution Law, the present Law is enacted with a view to maintaining

2、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.Article 2 The civil relationships incurred from the attribution and uti

3、lization 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 mention

4、ed 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.Article 3 In the primary phase of socialism, the state adheres to the basic economic system with th

5、e 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

6、 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.Article 5 T

7、he varieties and contents of real rights shall be prescribed by law.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 acc

8、ordance with law.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.Article 8 In case there exists any other special provision in respect of r

9、eal right in any other law, such special provision shall prevail.Chapter II Creation, Alteration, Alienation and Termination of Real RightSection 1 Reality RegistrationArticle 9 Until it is registered in accordance with law, the creation, alteration, alienation or termination of the real right of a

10、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.Article 10 The registrati

11、on 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.Article 11

12、 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.Article 12 A registration organ shall perform the duties as follows:

13、(1) to examine the ownership certificate and other necessary materials as provided by the applicant; (2) to inquire the applicant about the registration items concerned; (3) to register the related items in accordance with the facts and in a timely manner; and (4) other duties as provided for in any

14、 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.Article 13 No registration o

15、rgan may commit any of the behaviors as follows: (1) to ask for an evaluation of a realty; (2) to repeatedly register registration in the name of annual inspection; or (3) other behaviors conducted beyond its scope of registration duties.Article 14 As regards the creation, alteration, alienation or

16、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.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

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