How is the ownership of ownership regulated in China s current civil law system

Updated on society 2024-03-12
7 answers
  1. Anonymous users2024-02-06

    1. The owner shall have the right to occupy, use, benefit and dispose of his immovable or movable property in accordance with the law.

    2. The owner has the right to create a usufructuary right and a security right 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.

    3. The owner has the ownership of the exclusive parts such as residential and business buildings in the building, and has the right of co-ownership and joint management of the common parts other than the exclusive parts.

    4. The owner has the right to occupy, use, benefit and dispose of the exclusive part of the building. The exercise of the rights of the owner shall not endanger the safety of the building and shall not harm the legitimate rights and interests of other owners.

    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 241: 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.

    Article 271: The owner shall have ownership of the exclusive parts of the building, such as residential and commercial buildings, and shall enjoy the right of co-ownership and joint management of the common parts other than the exclusive parts.

    Article 272: Owners have the right to occupy, use, benefit from and dispose of the exclusive parts of their buildings. The exercise of the rights of the owner shall not endanger the safety of the building and shall not harm the legitimate rights and interests of other owners.

    Article 273 The owner shall have rights and obligations with respect to the common parts other than the exclusive part of the building; Waiver of rights may not be used as a reason for non-performance.

    When the owner transfers the residential or business premises in the building, the rights of co-ownership and co-management of the common part are transferred together.

    Article 279: Owners must not violate laws, regulations, or management regulations by changing their dwellings into commercial buildings. If the owner changes the residence into a business building, in addition to complying with laws, regulations and management regulations, it shall be unanimously agreed by the interested owners.

    Article 280 The decision of the general meeting of owners or the owners' committee shall be legally binding on the owners.

    Where a decision made by the general meeting of owners or the owners' committee infringes upon the lawful rights and interests of the owners, the aggrieved owners may request the people's court to revoke it.

    Article 281: Funds for the maintenance of buildings and their ancillary facilities belong to the owners. By the joint decision of the owners, it can be used for the maintenance, renewal and transformation of common parts such as elevators, roofs, exterior walls, barrier-free facilities, etc. The raising and use of funds for the maintenance of buildings and their ancillary facilities shall be announced on a regular basis.

    If it is necessary to maintain the building and its ancillary facilities in an emergency, the owners' general meeting or the owners' committee may apply for the use of the maintenance funds of the building and its ancillary facilities in accordance with the law.

  2. Anonymous users2024-02-05

    Request for confirmation of ownership: When a dispute arises due to unclear ownership of ownership, the parties may file a lawsuit with the people's court to request confirmation of ownership. Confirmation of ownership can only be submitted by the parties to the people's court and resolved through civil litigation procedures.

    Therefore, the recognition of ownership is not a legal right of the owner to claim it to the presenter. Confirmation of ownership is an independent method of civil law protection of ownership and is a prerequisite for other methods of protection.

    Request for removal of nuisance: A request for the removal of the nuisance may be requested to remove the nuisance if the owner suffers damage to his property and the exercise of his or her ownership rights, or request that the people's court order the infringer to remove the nuisance. The owner is asking for the nuisance to be removed.

  3. Anonymous users2024-02-04

    Requests for confirmation of property rights, requests for restitution of the original goods, requests for removal of nuisances or removal of dangers, requests for restitution, and claims for damages.

  4. Anonymous users2024-02-03

    The most common is to return the original item, remove the nuisance, and pay for damages.

    Others don't remember clearly.

  5. Anonymous users2024-02-02

    Answer] :d This question examines the Civil Code. Zhipei.

    According to the second paragraph of Article 246 of the Civil Code, "State-owned property shall be exercised by *** on behalf of the state. Where the law provides otherwise, follow those provisions. ”

    Therefore, the correct answer is d.

  6. Anonymous users2024-02-01

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

    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.

    According to the law, natural resources owned by the state can not be registered.

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

  7. Anonymous users2024-01-31

    China's Civil Code (Property Rights Edition) stipulates that (Napei) belongs to the state.

    a.Mineral deposits (correct answer).

    b.Water Flow (Correct Answer).

    c.Forest. d.The sea area (the correct hole is bright and only the answer key is to talk about the case).

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