The three current systems of property rights and their comparison 5

Legal analysis: The principle of distinguishing hail sources refers to the principle that "when a change in property rights occurs in accordance with a legal act, the cause of the change in property rights and the result of the change in property rights are two legal facts, and their establishment and effectiveness are based on different legal basis".

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

Article 205. This Part regulates the civil relations arising from the ownership and use of things.

Article 206 The State adheres to and improves the basic socialist economic system, such as the public ownership as the mainstay, the common development of the economy under various forms of ownership, the distribution according to work as the mainstay, the coexistence of multiple modes of distribution, and the socialist market economic system. The State consolidates and develops the public economy, encourages, supports, and guides the development of the non-public economy, and the State implements a socialist market economy to ensure the equal legal status and development rights of all market entities.

The property rights stipulated in the Property Law of the People's Republic of China include ownership, usufruct rights and security interests.

1. Ownership is the right of the owner to possess, use, benefit and dispose of his property in accordance with the law.

2. The usufructuary right includes the right to contract and operate land, the right to use construction land, the right to use homestead, the right to easement, the right to residence, and the right to use natural resources.

3. A security interest is a limited property right created by the debtor or a third party to provide a specific thing or right as the subject matter in order to guarantee the realization of the creditor's right. Such as mortgage, pledge, lien, etc.

Ownership, usufructuary rights, security interests.

Ownership includes: collective and individual ownership, co-ownership, special ownership, usufruct rights include: the right to use construction land, the right to use homesteads, the right to contract land management, the right to easement, the right to use sea areas, the right to mine, the right to take water, the right to use waters, tidal flats for aquaculture, fishing.

Security interests include: mortgages, pledges, and liens.

Possession is also provided.

China's property law stipulates three types of property rights: (1) ownership; (2) usufruct rights, including the right to contract and operate land, the right to use construction land, the right to use homestead land and easements; (3) Security interests, including mortgages, pledges and liens.

Legal Analysis: General Rules of the Property Regime:1

The change of property right shall be based on the effective registration as the original rule, and the special provisions of the law shall not be registered as an exception; 2.The unified registration system for immovable property, including the scope of unified registration, registration authorities and their responsibilities, registration methods, etc.; 3.If a change in the real estate right shall be registered in accordance with the law, it shall take effect when it is recorded in the real estate registration book; 4.

Unless otherwise specified or agreed, the contract for the change of property right shall take effect when the contract is concluded; If the property right is not registered, the validity of the contract shall not be affected.

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

Article 208: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 209 The creation, alteration, transfer and extinction of real estate rights shall take effect upon registration in accordance with law; Without registration, it shall not take effect, unless otherwise provided by law. The ownership of natural resources that belong to the State in accordance with the law may not be registered.

Article 210 The registration of immovable property shall be handled by the registration authority where the immovable property is located. The State implements a unified registration system for immovable property. The scope of unified registration, registration bodies, and registration methods shall be regulated by laws and administrative regulations.

Ownership. The owner shall have the right to occupy, use, benefit from and dispose of his immovable or movable property in accordance with law. The owner has the right to create a usufructuary right and a security interest in his immovable or movable property.

The exercise of rights by the usufructuary right holder or security right holder shall not harm the rights and interests of the owner.

Usufruct. The owner of the usufructuary right shall have the right to occupy, use and benefit from the immovable or movable property owned by others in accordance with the law. Units and individuals may occupy, use, and benefit from natural resources owned by the State or collectively owned by the State, as well as natural resources that are collectively owned by law.

Security Interest. The holder of the security interest shall have the right to receive priority in repayment of the secured property in accordance with the law in the event that the debtor fails to perform the due debt or the parties agree to realize the security interest, except as otherwise provided by law. Where a creditor needs security in order to ensure the realization of its creditor's rights in civil activities such as lending and trading, it may create a security interest in accordance with the provisions of this Law and other laws.

(1) Bills of exchange, checks, and promissory notes; (2) Bonds and certificates of deposit; (3) Warehouse receipts and bills of lading; (4) The first share and equity that can be transferred; (5) Property rights in intellectual property rights such as the exclusive right to use registered trademarks, patent rights, and copyrights that can be transferred; (6) accounts receivable; (7) Other property rights that laws and administrative regulations provide may be pledged).

Ownership, land contracting and management rights, construction land use rights, homestead use rights, easement rights, residence rights, mortgage rights, pledge rights, and lien rights.

China's property law stipulates three types of property rights:

Ownership usufructuary rights, including the right to contract and operate land, the right to use construction land, the right to use homestead land and easement.

Security interests, including mortgages, pledges, and liens.