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1、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 the basic econom
2、ic 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.The civil relationships incurred from the attribution and utilization of the resArticle
3、 2shall 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
4、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 the public ownership
5、 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
6、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 5The varieties and co
7、ntentsArticle 6The creation, alteration, alienation or termination of the real right of a realtyshall 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.Article 7respect social morals and may not infr
8、inge 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 real right in any other law, such special provision shall prevail.Chapter II Creation, Alteration, Alienation and Termination of Real RightAr
9、ticle 9Section 1 Reality Registrationin accordance with law, the creation, alteration, alienationor 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 讦 it is not registered in accordance with law. As regards the ow
10、nership of the natural resources owned by the state in accordance with law, the registration is not required.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.
11、The scope, organ and measures of uniform registration shall be specified by the related laws and administrative regulations.Article 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 su
12、ch necessary materials as the location and area of the realty.Article 12 A registration organ shall perform the duties as follows: (1)to examine the ownership certificate and other necessary materials as provided by the applicant; to inquire the applicant about the registration items concerned; 3 to
13、 register the related items inIJ丿accordance with the facts and in a timely manner; and 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 ap
14、plicant to provide supplementary materials and conduct on-the-spot inspection where necessary.No registration organ may commit any of the behaviors as follows: to ask forArticle 13(1)an evaluation of a realty; to repeatedly register registration in the name of annual inspection; or other behaviors c
15、onducted beyond its scope of registration duties.As regards the creation, alteration, alienation or termination of the real right of arealty, 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 15creation, alte
16、ration, 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.Article 16contents ofa realty and shall be under the management of the registration organ.Article 17for theof a realt
