The trial procedures for cases of determining that property is ownerless are how many articles of th

The trial procedures for cases of determining that property is ownerless are Articles 191, 192, and 193 of the Civil Procedure Law.

Code of Civil Procedure

Section 5: Cases of Determination of Ownerless Property.

Article 191:Citizens, legal persons, or other organizations are to submit an application to the basic level people's court for the location of the property.

The application shall clearly state the type and quantity of property and the basis for requesting a determination that the property is ownerless.

Article 192:After the people's court accepts the application, it shall issue a public notice of property claim upon review and verification. Where no one claims it after one year of public announcement, a judgment finds that the property is ownerless and is to be taken into the possession of the state or collective.

Article 193:After a judgment finds that the property is ownerless, the original owner or heir of the property appears, and a request may be made for the property during the statute of limitations period provided for in the General Principles of the Civil Law, and after the people's court reviews that it is true, it shall make a new judgment and revoke the original judgment.

Legal analysis: For the establishment of a case of determining that property is ownerless, the following conditions must be met: 1. The property to be identified must be tangible property.

2. The owner of the property has indeed disappeared or the owner of the property is unknown, and the ownership of the right cannot be determined for a long time. 3. If the property is not accompanied by the owner or the owner is unknown, the ownerless continuous state exceeds a certain period of time. 4. The property does not have an owner or the owner is unknown.

Legal basis: Article 318 of the Civil Code of the People's Republic of China If the lost property is not claimed within one year from the date of the announcement of the claim, it shall be owned by the state.

Legal analysis: The following conditions must be met for the establishment of a case of ownerless property: 1. The property to be identified must be tangible property.

2. The owner of the property has indeed disappeared or the owner of the property is unknown, and the ownership of the right cannot be determined for a long time. 3. If the property does not have an owner or the owner is not registered, the continuous state of ownerlessness exceeds a certain period of time. 4. The property does not have an owner or the owner is unknown.

Legal basis: Article 318 of the Civil Code of the People's Republic of China: Where a lost property is not claimed within one year from the date of the announcement of the claim, it shall be owned by the state. The state is known in turn.

Knowledge Points: Trial of cases in which property is found to be ownerless.

A case in which the owner of the property is determined refers to a case in which the court makes a judgment to return the property to the state or collective ownership after ascertaining the truth of the property whose owner is unknown on the basis of the applicant's application.

1. Application requirements.

a) The property of the application.

Deemed unclaimed property is limited to tangible property. Intangible property or spiritual wealth does not fall within the scope of the designation of ownerless property.

2) The reason for the application.

The subject of the rights of the property to be determined is unknown, mainly including buried and lost items where the owner of the property is unclear or the owner is unknown.

3) A written application must be submitted by the applicant.

Citizens, courts, or other organizations may apply to the people's courts for a determination that property is ownerless.

4) Court of Jurisdiction.

The basic level people's court where the property is located.

2. Trial. 1) Issuing an announcement.

After a people's court accepts a case where property is found to be ownerless, it shall issue a public notice of property claim, and the period for such announcement is 1 year.

b) Someone has claimed.

During the announcement period, if someone claims rights to the property and a dispute arises over the ownership of the rights and interests, the people's court shall rule to terminate the special procedures, inform the applicant to file a separate lawsuit, and apply the ordinary procedures for trial.

Note] If someone claims it, and there is a dispute over the ownership of the property, the litigation procedure shall apply.

3) Unclaimed.

Where no one has claimed property at the end of the announcement period, the people's court shall make a judgment to find that the property is ownerless and to return the property to the state or collective. Recite the ruler.

3. Remedies for the rights of the original property owner.

1) After the judgment finds that the property is ownerless, the original owner of the property or his heirs appears, and the property may be claimed during the litigation period provided for in the General Provisions of the Civil Law, and the people's court shall make a new judgment and revoke the original judgment after reviewing the facts.