中华人民共和国物权法英文版.docx

1、中华人民共和国物权法英文版 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 Principles Article 1 In accordance with the Constitution Law, the present Law is enacted with a vie

2、w 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. Article 2 The civil relationships incurred from the a

3、ttribution 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 rea

4、l 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. Article 3 In the primary phase of socialism, the state adheres to the basic econ

5、omic 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 econ

6、omy 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 in

7、dividual. Article 5 The 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 sha

8、ll be delivered in accordance 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 p

9、rovision in respect of real right in any other law, such special provision shall prevail. Chapter II Creation, Alteration, Alienation and Termination of Real Right Section 1 Reality Registration Article 9 Until it is registered in accordance with law, the creation, alteration, alienation or terminat

10、ion 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 require

11、d. 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 administr

12、ative regulations. 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. Article 12 A registration organ shall p

13、erform the duties as follows: (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

14、 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 necessar

15、y. Article 13 No registration organ 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 crea

16、tion, 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. Article 15 As regards a contract entered into by the related parties concerned on the crea

17、tion, 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. Article 16 The re

18、alty register shall be the basis for deciding the ownership and contents of a realty and shall be under the management of the registration organ. Article 17 The realty ownership certificate shall be the evidence for the holders ownership of a realty. The items recorded in the realty ownership certif

19、icate 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. Article 18 Any right holder or interested party may file an application for consulting or c

20、opying the registration materials, and the registration organ may not reject. 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 rev

21、ise 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 r

22、egister 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 imp

23、roper and bring into damages to the right holder, the holder may require the applicant to compensate for damages. 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 registr

24、ation 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 obligees right is terminated after t

25、he 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. Article 21 In case any related party provides false materials for applying for r

26、egistration 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

27、the compensation, recover the amount from the person who causes the registration mistake. 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 realtys value. The concrete charging rates shall be formu

28、lated by the related departments in the State Council in collaboration with the competent pricing department. Section 2 Chattel Delivery 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. Article 24

29、 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. Article 25 In case the right holder has legally possessed the chattel prior to the establishment or alienatio

30、n of a chattels real right, the real right shall come into effect upon the effectiveness of the legal act. Article 26 In case a third party has legally possessed the chattel prior to the establishment or alienation of a chattels real right, the person assuming the obligation of delivery may, instead

31、 of delivery, alien the right to request the third party to return the original object. 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 agreeme

32、nt. Section 3 Other Rules Article 28 In case the creation, alteration, alienation or termination of a real right is resulted from a legal document of the peoples court or arbitration committee or a requisition decision of the peoples government, etc, the real right shall come into effect upon the ef

33、fectiveness of the legal document or the requisition decision of the peoples government. 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. Article 30 In case a real right is created or terminated as a resu