Knowledge about property law, what legal knowledge of property rights

Chapter I: Basic Principles.

Article 1: Legislative purpose and basis.

This Law is enacted in accordance with the Constitution in order to safeguard the basic economic system of the state, to maintain the order of the socialist market economy, to clarify the ownership of things, to give full play to the utility of things, and to protect the property rights of rights holders.

Article 2 Scope of Adjustment.

This Law shall apply to civil relations arising from the ownership and use of things. For the purposes of this Law, the term "property" includes immovable and movable property. Where the law provides that rights are the object of real rights, follow those provisions.

For the purposes of this Law, the term "property right" refers to the right holder's right to directly control and exclusively over a specific thing in accordance with the law, including ownership, usufruct and security interest.

Article 3 The basic economic system and the principles of the socialist market economy.

In the initial stage of socialism, the state adhered to the basic economic system with public ownership as the mainstay and the common development of economies under various forms of ownership. The state consolidates and develops the public sector of the economy and encourages, supports, and guides the development of the non-public sector of the economy. The State implements a socialist market economy and guarantees the equal legal status and development rights of all market entities.

Article 4: Equal protection of the property rights of the State, collectives and private individuals.

Article 5 The legal principle of property rights.

The type and content of property rights shall be prescribed by law.

Article 6 The principle of publicity of property rights.

The establishment, alteration, transfer and extinction of real estate rights shall be registered in accordance with the provisions of law. The creation and transfer of movable property rights shall be delivered in accordance with the provisions of law.

Article 7: The acquisition and exercise of real rights shall comply with the law and respect the principles of social morality.

The acquisition and exercise of property rights shall comply with the law, respect social morality, and must not harm the public interest or the lawful rights and interests of others.

Article 8 The relationship between the Property Law and other laws.

Where other relevant laws have other special provisions on property rights, follow those provisions.

Legal analysis: China's property law stipulates three types of property rights: (1) ownership; (2) The usufructuary right is to slow the split, including the right to contract and operate land, the right to use construction land, the right to use homestead land and the right to easement; (3) Security interests, including mortgages, pledges and liens.

Legal basis: Civil Code of the People's Republic of China

Article 240:Owners enjoy the right to possess, use, benefit from, and dispose of their immovable or movable property in accordance with law.

Article 323:The owner of the usufructuary right shall enjoy the right to occupy, use and benefit from the immovable or movable property owned by others in accordance with law.

Article 386:The source of the security interest and the person in the debtor's failure to perform the due debts or the realization of the security interest as agreed by the parties shall enjoy the right to be repaid in priority with respect to the secured property in accordance with law, except as otherwise provided by law.

The concept of property right: It is a general term for the legal norms that determine and regulate the property relations between people due to the ownership and use of things.

Statutory content of property rights:

1. The type of property right shall not be created, that is, the parties shall not create a new type of property right that is not recognized by law, which is a type of compulsion;

2. The content of the real right shall not be created, that is, the parties shall not create the content of the real right that is contrary to the statutory content of the real right, which is fixed in type or mandatory in content.

The specific content of the statutory principle of property rights:

1. Legalization of the types of property rights. Without the permission of the law, the parties may not create new types of property rights. This means that the parties shall not expressly stipulate in their agreement that the rights created by them through the contract are real rights, nor shall they create real rights that are inconsistent with the statutory real rights;

2. Legalization of the content of property rights. All elements of the property system are directly regulated by law;

3. Legalization of the validity of property rights. That is, the legal consequences of property rights derive from the direct provisions of the law. For example, when a mortgage is created, when the right takes effect, it can only take effect after going through the corresponding formalities in accordance with the provisions of the law, and cannot be created by the parties through agreement;

4. Legalization of the rules for the change of property rights. Property rights may not be acquired, altered or extinguished without going through legal procedures.

Legal basisArticle 114 of the Civil Code of the People's Republic of China.

Civil entities enjoy property rights in accordance with law. Property right is the right holder to enjoy direct control and exclusive rights over specific things in accordance with the law, including ownership, usufruct rights and security rights.

The property rights referred to in the Property Law mainly include the following:

1. Ownership. These include, ownership of immovable property and ownership of movable property;

2. Usufruct right. Including, the right to use construction land, the right to use homestead, easement, etc.;

3. Security interest. Including, mortgages, pledges, liens, etc.

Article 240 of the Civil Code The owner shall have the right to possess, use, benefit from and dispose of his immovable or movable property in accordance with law Article 241 All owners of the right to create usufruct rights and security rights in their immovable or movable property shall be entitled to create usufruct rights and security rights in their immovable or movable property. The usufructuary or the guarantor shall not harm the rights and interests of the owner in exercising their rights. Article 300 Ye Chi Chi Article 300 The holder of the security interest shall enjoy the right of priority to be repaid in respect of the secured property in accordance with the law if the debtor fails to perform the debts due to the debtor or in the event of the realization of the security interest as agreed by the parties, unless otherwise provided by law.

1. The Property Law is the Property Law of the People's Republic of China. It is a regulation formulated in accordance with the Constitution to safeguard the basic economic system of the country, maintain the order of the socialist market economy, clarify the ownership of things, give full play to the utility of things, and protect the property rights of rights holders.

2. The nature of property law is private law: the nature of private law is based on the nature of civil law; The basic content of the adjustment of the Property Law is still the civil legal relationship between civil subjects. Property law is property law; Property law is jus cogens; Property law is common law; Property law is inherent law.

The basic principles are the basic spirit and basic philosophy that run through a law. In China's legislation and doctrine, there is a custom to determine the basic principles of a law: the legal principle of property rights; the principle of one thing, one right; The principle of publicity and credibility.

On March 16, it was adopted at the Fifth Session of the 10th National People's Congress. Decree No. 62 of the President of the People's Republic of China was promulgated on March 16, 2007 and came into force on October 1, 2007.

On May 28, the Third Session of the 13th National People's Congress voted to adopt the Civil Code of the People's Republic of China, which will come into force on January 1, 2021. The Property Law of the People's Republic of China shall be repealed at the same time.