Part I General Provisions
Chapter I General Provisions
Article 1 This Law is formulated in order to clarify the ownership of things, protect the property rights of obligees, give full play to the utility of things, maintain the order of socialist market economy and safeguard the basic economic system of the country.
Article 2 This Law regulates the property relations between equal subjects arising from the ownership and use right of things.
The things mentioned in this law include real estate and movable property. Where the law stipulates that the right is the object of real right, such provisions shall prevail.
The term "real right" as mentioned in this Law refers to the right of the obligee to directly control the specified things, including ownership, usufructuary right and security right.
Article 3 The types and contents of real rights shall be stipulated by this Law and other laws.
Article 4 The real right shall be publicized. The person recorded in the real estate register is the owner of the real estate, and the possessor of the movable property is the owner of the movable property, unless there is evidence to the contrary. Where the law stipulates that property rights can be obtained without registration, such provisions shall prevail.
Article 5 The acquisition and exercise of real rights shall abide by the law and respect social morality, and shall not harm the public interests and the legitimate rights and interests of others.
Article 6 All units and individuals have the obligation not to hinder the obligee from exercising the real right.
Article 7 The real right enjoyed by the obligee shall be protected by law, and no unit or individual may infringe upon it.
Article 8 Where other laws provide otherwise on the types and contents of real rights, such provisions shall prevail.
Chapter II Establishment, Alteration, Transfer and Elimination of Real Right
Section 1 Registration of Real Estate
Article 9 The establishment, alteration, transfer and extinction of the real right of immovable property shall be registered; Without registration, the real right effect does not occur, except as otherwise provided by law.
Natural resources owned by the state according to law may not be registered.
Tenth real estate registration shall be handled by the registration agency where the real estate is located.
The state implements a unified registration system for real estate. The scope, organization and method of unified registration shall be stipulated by laws and administrative regulations.
Article 11 When applying for registration, the parties concerned shall provide ownership certificates, contracts, court judgments or expropriation decisions and other necessary materials indicating the location and area of real estate.
Twelfth registration agencies shall perform the following duties:
(1) Examining the necessary materials submitted by the applicant;
(two) ask the applicant about the registration matters;
(three) truthfully and timely registration of related matters;
(4) Other duties as prescribed by laws and administrative regulations.
If the registration authority considers it necessary to check the actual situation of the real estate applied for registration, the applicant and other persons who have the obligation to assist shall provide assistance.
Thirteenth registration agencies shall not have the following acts:
(1) Requiring real estate appraisal;
(two) repeated registration in the name of annual inspection;
(three) other acts beyond the scope of registration duties.
Article 14 If the establishment, alteration, transfer and extinction of the real right of immovable property should be registered, it will take effect when it is recorded in the register of immovable property.
Article 15 A contract concluded between the parties on the establishment, alteration, transfer and extinction of the real right of immovable property shall come into effect upon the establishment of the contract, unless it is otherwise stipulated by law or the contract; Failure to register the real right shall not affect the validity of the contract.
Sixteenth items recorded in the real estate register are the basis for the ownership and content of real rights.
The real estate register is managed by the registration agency.
Seventeenth real estate ownership certificate is the proof that the right holder enjoys the real estate right. The items recorded in the certificate of real estate ownership shall be consistent with the real estate register; If the records are inconsistent, the real estate register shall prevail.
Article 18 Registration institutions shall provide convenience for obligees and interested parties to consult and copy registration materials, and keep confidential the contents involving state secrets, commercial secrets and personal privacy.
Article 19 If an interested party has any objection to the ownership of real rights and other matters recorded in the real estate register, it may apply for objection registration. If the obligee recorded in the register agrees to the objection registration in writing or the people's court decides to register the objection, the registration institution shall record the objection in the real estate register.
If the applicant fails to file a lawsuit or apply for correction of registration within three months from the date when the obligee recorded in the registration book agrees to the registration of objection in writing, or fails to file a lawsuit within fifteen days from the date when the ruling of the people's court on the registration of objection takes effect, the registration of objection is invalid.
If there is evidence that the objection registration is improper, the obligee has the right to apply to the registration authority for cancellation of the objection registration. If the registration of objection causes damage to the obligee, the obligee may claim damages from the applicant for registration of objection.
Article 20 If an interested party thinks that the records in the real estate register are wrong, it may apply for correction of registration. If there is evidence to prove that the registration is indeed wrong, the registration institution shall correct it.
After the registration is corrected, the punishment made by the original obligee on the real estate during the objection registration period will not take effect if the obligee does not ratify it after the registration is corrected.
Article 21 If the parties agree to buy or sell the house by auction or transfer the real right of other immovable property, the creditor may apply to the registration authority for advance notice registration in order to restrict the debtor from disposing of the immovable property and guarantee the acquisition of the real right in the future. If the creditor has paid more than half of the price or the debtor agrees in writing to register first, the registration institution shall register first. After the advance notice registration, the debtor may not dispose of the real estate without the consent of the creditor.
After the advance notice registration, if the creditor fails to apply for registration or the creditor's rights are extinguished within three months from the date when the real estate can be registered, the advance notice registration shall be invalid. If the advance notice registration is invalid, the debtor has the right to apply for cancellation of the advance notice registration.
Article 22 If there are more than two real rights on real estate, the alteration or abandonment of one real right shall not affect the validity of the other real rights.
Article 23 The real right based on the real estate register shall be protected by law, except that the obligee recorded in the real estate register knew or should have known that the right was defective when acquiring the right.
Twenty-fourth parties to provide false certificates of ownership and other supporting materials to apply for registration, causing damage to others, shall be liable for compensation; If a crime is constituted, criminal responsibility shall be investigated according to law.
If the registration error causes damage to others, the registration institution shall be liable for compensation; After compensation, the registration institution may claim compensation from the person responsible for the registration error.
Twenty-fifth real estate registration fees shall not be charged according to the area, volume or price ratio of real estate, and the specific charging standards shall be stipulated by the State Council.
Article 26 In accordance with the provisions of this Law and other laws, the registration of the real right and pledge of movable property shall be handled with reference to the relevant provisions on the registration of immovable property.
Section 2 Delivery of Movable Property
Article 27 Unless otherwise provided by law, the transfer of ownership of movable property and the establishment of pledge of movable property shall take effect upon delivery.
Article 28 The establishment, alteration, transfer and extinction of real rights of ships, aircraft, motor vehicles, etc. shall not be opposed to bona fide third parties without registration.
Twenty-ninth before the establishment and transfer of the real right of movable property, if the obligee has occupied the movable property, the real right will take effect from the time when the legal act takes effect.
Article 30 Before the establishment and transfer of the real right of movable property, if a third party occupies the movable property, it may transfer the right to request the third party to return the original property instead of delivery.
Article 31 When the real right of movable property is transferred, the transferor shall deliver the movable property to the transferee. However, if both parties agree that the transferor will continue to possess the chattel, the property right will take effect when the agreement comes into effect.
Section III Other Provisions
Article 32 The establishment, alteration, transfer and extinction of real right shall take effect when the legal document of the people's court or the expropriation decision of the people's government takes effect.
Article 33 Property rights acquired by inheritance shall take effect from the beginning of inheritance.
Thirty-fourth due to legal construction, demolition and other factual acts to establish and eliminate property rights, from the date of realization of the factual act.
Article 35 In accordance with the provisions of Articles 32 to 34 of this Law, the establishment, alteration, transfer and extinction of the real right of immovable property shall be registered in time according to law; Without registration, property rights shall not be disposed of.
Chapter III Protection of Real Rights
Article 36 Where a property right is infringed, the obligee may settle it through conciliation or mediation, or bring a lawsuit to the people's court according to law.
Article 37 If there is a dispute over the ownership and content of the real right, the interested party may request confirmation of the right.
Article 38 Where a creditor has no right to possess immovable property or movable property, he may request the return of the original property; If it is impossible to return the original or there are still losses after the return of the original, it may claim damages.
Article 39 Where a realty or chattel is damaged, the creditor may request restitution; If it cannot be restored to its original state or there are still losses after restoration, it may claim damages.
Article 40 Where the exercise of real right is hindered, the obligee may request that the obstruction be removed.
Article 41 Where the exercise of real right may be endangered, the creditor may request to eliminate the danger.
Article 42 If the infringement of property rights causes damage to the creditor, the creditor may claim damages.
Article 43 The methods of property rights protection stipulated in this chapter may be applied separately or in combination according to the infringement.
Infringement of property rights, in addition to civil liability, in violation of administrative regulations, shall bear administrative responsibility according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 44 If the obligee requests to remove the obstruction or danger, the statute of limitations shall not apply.
Part II Ownership
Chapter IV General Provisions
Article 45 The owner shall have the right to possess, use, profit from and dispose of his real estate or movable property according to law.
Article 46 The owner has the right to establish usufructuary right and security right on his own real or movable property.
Article 47 State ownership, collective ownership and private ownership are protected by law. It is forbidden for any unit or individual to occupy or destroy state, collective or private property by any means.
Article 48 No unit or individual may acquire ownership of immovable property and movable property that can only be owned by the state according to the law.
Article 49 In order to meet the needs of public interests, the people's governments at or above the county level may, within the limits of authority and procedures prescribed by law, expropriate or requisition the immovable property or movable property of units or individuals, but they shall make compensation in accordance with state regulations; If there are no provisions in the state, reasonable compensation shall be given.
Chapter V State, Collective and Private Ownership
Article 50 The state adheres to the basic economic system in which public ownership is the mainstay and the economies of various forms of ownership develop together.
Article 51 Mineral deposits, currents, sea areas and urban land belong to the state.
Fifty-second forests, mountains, grasslands, wasteland, beaches and other natural resources. Belong to the state, except those that are collectively owned by law.
Fifty-third land, urban and rural fringe wildlife resources. What is owned by the state according to the law belongs to the state.
Article 54 The mineral deposits, waters, sea areas, land, grasslands and other natural resources owned by the state shall be exercised by the State Council on behalf of the state.
Article 55 Public facilities such as roads, electricity, communications and natural gas that are owned by the state according to law belong to the state.
Article 56 State organs have the right to possess, use and dispose of real estate or chattel directly controlled by them in accordance with the law and relevant regulations of the State Council.
Article 57 A public institution shall have the right to possess, use, profit from and dispose of the real estate or chattel directly managed by it in accordance with the law and relevant regulations of the State Council.
Article 58 Enterprises established with state investment shall be performed by the central people's government and the local people's government respectively on behalf of the state in accordance with laws and administrative regulations, and shall enjoy the owners' rights and interests.
Article 59 Collectively owned immovable property and movable property include:
(1) Land and forests, mountains, grasslands, wasteland and beaches collectively owned by the law;
(2) Collectively owned buildings, production facilities and irrigation and water conservancy facilities;
(3) Collectively owned educational, scientific, cultural, health and sports facilities;
(four) other real estate and movable property owned by the collective.
Article 60 Real estate and movable property collectively owned by cities and towns shall be collectively owned by the working people.
Article 61 The immovable property and movable property collectively owned by peasants belong to the collective members.
The following matters shall be discussed and decided by the villagers' collective meeting according to law:
(a) the land contract scheme and land contract to units or individuals outside the collective;
(2) Adjustment of contracted land among individual farmers;
(three) the use and distribution of land compensation fees;
(four) changes in the ownership of collective enterprises and other matters;
(5) Other matters prescribed by law.
Article 62 Collective ownership of land, forests, mountains, grasslands, wasteland and beaches shall be exercised in accordance with the following provisions:
(a) belongs to the village farmers' collective ownership, by the village collective economic organizations or villagers' committees on behalf of the collective exercise of ownership;
(two) belonging to more than two farmers in the village collectively, the collective economic organizations or villagers' groups in the village collectively exercise ownership;
(three) belongs to the township (town) farmers collectively, by the township (town) collective economic organizations on behalf of the collective exercise of ownership.
Article 63 Land collectively owned by peasants, etc. , the implementation of household contract management according to law.
Article 64 If the decision of the manager of a collective economic organization or the villagers' committee infringes upon the legitimate rights and interests of the collective members, the collective members may request the people's court to revoke it.
If the decision adopted by the villagers' meeting infringes upon the legitimate rights and interests of the collective members, the collective members may request the people's court to revoke it.
Article 65 Collective economic organizations or villagers' committees shall, in accordance with laws, administrative regulations, articles of association and village rules and regulations, regularly announce the status of collective property to their members.
Article 66 Houses, incomes, articles for daily use and other means of subsistence obtained according to law are privately owned.
Private persons shall have the ownership of production tools, raw materials and other means of production obtained according to law.
Article 67 The state protects private savings, investments and their income.
The state protects the right to inherit private property and other lawful rights and interests.
Article 68 The state protects private ownership. It is forbidden to illegally change the ownership relationship of private property in the name of demolition and expropriation.
Demolition and expropriation of private real estate, compensation in accordance with state regulations; If there are no provisions in the state, reasonable compensation shall be given, and the demolition and expropriation shall be properly arranged.
Illegal demolition and expropriation, causing losses to private property, shall bear civil liability and administrative liability according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Article 69 The state, collectives and individuals may establish joint ventures, cooperative ventures or wholly-owned enterprises according to law. If the state, collective and private-owned real estate or chattel are invested in an enterprise, the investor shall enjoy the right to return on assets, make major decisions and choose managers according to the proportion of capital contribution.
Article 70 An enterprise as a legal person shall have the right to possess, use, profit from and dispose of its real estate and movable property in accordance with the provisions of laws or articles of association. The Company is subject to the relevant provisions of the Company Law of People's Republic of China (PRC).
The ownership of real estate or movable property of a legal person other than an enterprise legal person shall be in accordance with the provisions of the law or the articles of association.
Article 71 Whoever, in violation of state regulations, transfers or sells state-owned property or collective property at a low price without compensation, thus causing losses to state-owned property or collective property, shall bear civil liability and administrative liability according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Seventy-second state-owned enterprises and collective enterprises directly responsible for serious irresponsibility, resulting in bankruptcy or serious losses of state-owned enterprises and collective enterprises, shall bear civil liability and administrative liability according to law; If a crime is constituted, criminal responsibility shall be investigated according to law.
Chapter VI Owners' Differentiated Ownership of Buildings
Article 73 The owner shall have the ownership of the exclusive parts of buildings such as houses and commercial buildings, and the joint management right of the * * * parts other than the exclusive parts.
Article 74 An owner shall have the right to possess, use, profit from and dispose of the exclusive part of his building, but it shall not endanger the safety of the building or damage the legitimate rights and interests of other owners.
Article 75 When the owner transfers the ownership of his exclusive part, his ownership and management right of the exclusive part are transferred together.
Seventy-sixth green space, roads and property management houses within the building division belong to the owners, except for municipal construction.
The ownership of clubs and garages, if agreed, shall be in accordance with the agreement; If there is no agreement or the agreement is unclear, it belongs to the owner unless the construction unit can prove its ownership.
Article 77 Owners may set up owners' meetings and elect owners' committees.
The relevant departments of the local people's governments at or above the county level shall give guidance and help to the establishment of the owners' congress or the election of the owners' committee.
Article 78 The following matters shall be decided by the owner according to law:
(a) to formulate and amend the rules of procedure of the owners' congress;
(two) to formulate and modify the management regulations of buildings and their ancillary facilities;
(three) the election and replacement of the owners' committee;
(four) the election and dismissal of property management agencies or other management personnel;
(five) to raise and use the building and its ancillary facilities maintenance fund;
(six) repair, alteration and reconstruction of buildings and their ancillary facilities;
(seven) other major matters related to the management of * * * and * * *.
Decisions on the matters listed in the preceding paragraph shall be subject to the consent of the owners whose exclusive parts account for more than half of the total building area and more than half of the total number of people. Where there are other provisions in the law, those provisions shall prevail.
Article 79 When an owner makes a decision on the matters specified in Item 5 and Item 6 of Paragraph 1 of Article 78 of this Law, it shall obtain the consent of the owner whose exclusive part accounts for more than two thirds of the total building area and more than two thirds of the total number of owners.
Article 80 Where a house is converted into a commercial residence such as catering and entertainment. , must obtain the consent of all interested owners.
Article 81 The decisions of the owners' congress or the owners' committee are binding on the owners.
Eighty-second buildings and ancillary facilities maintenance fund belongs to all owners, can be used for local maintenance of elevators, water tanks, etc. According to the decision of the owner. The collection and use of maintenance funds shall be announced regularly.
Article 83 * * If there is an agreement on matters such as cost sharing and income distribution of buildings and their ancillary facilities, it shall be implemented in accordance with the agreement; If there is no agreement or the agreement is unclear, it shall be determined according to the proportion of the owner's exclusive part.
Eighty-fourth owners can manage their own buildings and ancillary facilities, but also entrust property management agencies or other managers to manage.
The owner has the right to replace other management personnel employed by the property management agency or the construction unit.
Eighty-fifth property management agencies or other managers should be entrusted by the owners to manage the buildings and their ancillary facilities within the building division, and accept the supervision of the owners.
Eighty-sixth owners should abide by laws, regulations and management regulations formulated by the owners' congress.
The owners' congress and the owners' committee have the right to require the actors to stop the infringement, eliminate the influence, remove the obstruction and compensate the losses in accordance with laws, regulations and management regulations for acts that damage the legitimate rights and interests of others, such as dumping garbage at will, occupying passages, discharging atmospheric pollutants, discharging noise, raising animals illegally, building buildings illegally and refusing to pay property fees.
Construction planning, environmental sanitation, public security and other administrative departments shall, in accordance with relevant laws and regulations, deal with acts that harm the legitimate rights and interests of others within the building division.
Eighty-seventh disputes arising from infringement of owners' rights and interests, breach of contract of property management institutions, etc., with the consent of more than two thirds of the owners, the owners' congress may bring a lawsuit in the name of the owners' congress and apply for arbitration; Owners can also file a lawsuit in their own name and apply for arbitration.
Chapter VII Adjacent Relations
Eighty-eighth real estate adjacent rights holders should correctly handle the adjacent relationship in accordance with the principles of favorable production, convenient life, solidarity and mutual assistance, fairness and reasonableness.
Eighty-ninth laws and regulations on the handling of adjacent relations, in accordance with its provisions; Where there are no provisions in laws and regulations, local customs can be followed.
Article 90 The owner shall provide necessary convenience for the water use and drainage of neighboring owners.
The utilization of natural running water should be reasonably distributed among the adjacent owners of real estate. The discharge of natural running water should respect the natural flow direction.
Article 91 The owner of a real estate has the right to prohibit others from entering his land, but he shall provide necessary convenience for the neighboring owner who needs to use the land due to traffic and other reasons.
Article 92 Where the owner of a real estate needs to use adjacent land or buildings for building or repairing houses and laying pipelines such as wires, cables, water pipes, heating and gas, the owner of the land or building shall provide necessary convenience.
Article 93 The construction of buildings shall comply with the relevant provisions of the state on building planning, and shall not interfere with the ventilation, lighting and sunshine of adjacent buildings.
Article 94 Owners have the right to prohibit neighboring owners from discharging air pollutants, water pollutants, solid wastes and harmful substances such as noise, light and electromagnetic radiation according to law.
Article 95 A real estate owner may not dig a hole to borrow soil, build a building, lay pipelines or install equipment, which will endanger the normal use and safety of adjacent real estate. Neighboring real estate owners have the right to require real estate owners under construction to provide corresponding guarantees.
Article 96 The owner of a realty needs to use an adjacent realty for water use, drainage, traffic, pipeline laying, etc. We should try our best to avoid causing damage to neighboring real estate owners; If damage is caused, compensation shall be paid.
Article 97 The real estate obligee mentioned in this chapter includes the owner, the usufructuary right holder and the real estate possessor.
Chapter VIII * * * has been
Article 98 A realty or chattel may be owned by two or more units or individuals. * * * is divided into * * * and with * * *.
Article 99 The owner of * * has the right to possess, use, profit from and dispose of the real estate or chattel owned by * * * according to the share.
Article 100 The owner of * * * has the right to possess, use, profit from and dispose of the real estate or movable property owned by * * * *.
Article 101 The owner of * * shall manage all real estate or movable property owned by * * in accordance with the agreement; If there is no agreement or the agreement is unclear, everyone has the right and obligation to manage it.
Article 102. The disposal of real estate or chattel owned by * * * and the major repair of real estate or chattel owned by * * * shall be subject to the consent of the owner of * * * or all the owners of * * *, unless otherwise agreed by the owner of * * *.
103rd property management fees and other burdens are otherwise agreed, from such agreement; If there is no agreement or the agreement is unclear, some people will bear it according to their own share, and * * * will share it with others.
Article 104 In order to maintain the relationship between * * *, some people of * * * agree not to divide the real estate or chattel owned by * * *, which shall be in accordance with the agreement, but some people of * * * may request division if they have serious reasons for division; If there is no agreement or the agreement is unclear, some people can ask for division at any time according to the number of shares, and some people with * * * and * * * can ask for division when the foundation of * * * is lost or there are major reasons for division. If the division causes damage to others, compensation shall be given.
Article 105 The parties may determine the division method through agreement. If no agreement can be reached, and part of the real estate or chattel can be divided and its value will not be impaired by the division, the real object shall be divided; If it is difficult to divide or the value will be damaged due to division, the proceeds from auction or sale shall be divided or compensated at a discount.
* * * If the real estate or chattel acquired by one person is defective, others shall share the losses.
Article 106 An individual may transfer his share of real estate or chattel by shares. Other * * * people have the preemptive right under the same conditions.
Article 107 Creditor's rights and debts arising from real estate or chattel owned by * * *, in foreign relations, some people of * * * enjoy joint and several creditor's rights and bear joint and several debts, unless it is otherwise stipulated by law or a third party knows that some people of * * * have no joint and several creditor's rights and debts; In the internal relations of * * * owners, unless otherwise agreed by * * * owners, each * * owner shall enjoy the creditor's rights and bear the debts according to its share; * * * Share creditor's rights and assume debts with some people * * * *. The owner who has paid off more than his share of debts has the right to recover from other owners.
Article 108 If * * has no agreement on the real estate or chattel owned by * * *, or * * and * * * are jointly owned or the agreement is unclear, it shall be deemed that * * * is jointly owned by several shares, except that * * * is related by relatives.
Article 109 If the share of real estate or chattel owned by * * * is not agreed or clearly agreed, it shall be determined according to its capital contribution; If the amount of capital contribution cannot be determined, it shall be regarded as equal enjoyment.
Article 110 Where two or more units or individuals jointly own usufructuary rights and security rights, the provisions of this Chapter shall apply mutatis mutandis.
Chapter IX Special Provisions on Acquisition of Ownership
Article 111 Where a person who has no right to dispose of a realty or chattel transfers it to an assignee, the owner has the right to recover it. However, in the following circumstances, the transferee immediately obtains the ownership of the real estate or chattel:
(a) At the time of the assignee, he did not know or should not have known that the assignor had no right of disposition;
(two) paid transfer at a reasonable price;
(3) The transferred property that should be registered according to law has been registered, and the property that does not need to be registered has been delivered to the transferee;
(4) The transfer contract is valid.
If the transferee obtains the ownership of real estate or chattel in accordance with the provisions of the preceding paragraph, the original owner has the right to claim compensation from the unauthorized person.
Where the parties have acquired other real rights in good faith, the provisions of the preceding two paragraphs shall apply mutatis mutandis.
Article 112 All owners and other obligees have the right to recover stolen or robbed property or lost property. If a chattel is transferred to another person for possession, the owner, the owner of the lost property and other obligees have the right to claim damages from the unauthorized person or request the transferee to return the original property within two years from the date when they know or should know that the chattel has lost possession. However, if the transferee purchases the chattel through auction or from a qualified operator, the owner and other obligees shall pay the expenses paid by the transferee when requesting the return of the original property. Where there are other provisions in the law, those provisions shall prevail.
Article 113 After a bona fide transferee obtains a chattel, the original right on the chattel is extinguished, except that the bona fide transferee knew the right at the time of the transferee.
Article 114 Lost property found shall be returned to the obligee. The finder shall, within 20 days from the date of finding the lost property, notify the owner, the lost property finder and other rights holders to collect it, or send it to the relevant departments.
Article 115 If the relevant department receives the lost property and knows the owner, the lost property finder and other rights holders, it shall promptly notify them to collect it; If you don't know, you should publish a recruitment announcement in time.
Article 116 Before the finder delivers the lost property to the relevant department, the relevant department shall take good care of it before finding it. If the lost property is damaged or lost due to intentional or gross negligence, it shall bear civil liability.
Article 117 When the owner, the lost property finder and other rights holders collect the lost property, they shall pay the finder or the relevant department the necessary expenses such as the storage fee for the lost property. If the owner, the lost property finder and other rights holders offer a reward for finding the lost property, they shall pay remuneration to the finder in accordance with the agreement when collecting the lost property. If the finder encroaches on the lost property, he has no right to claim the necessary expenses and remuneration such as the storage fee for the lost property.
Article 118 If a lost property is unclaimed within six months from the date of the announcement of its discovery, it shall be owned by the state.
Article 119 If drifters, buried objects or hidden objects are found, it shall be handled with reference to the relevant provisions on finding lost property. If there are other provisions in the Law of People's Republic of China (PRC) on the Protection of Cultural Relics, those provisions shall prevail.
Article 120 Where the subject and object are transferred, the slave object shall be transferred with the subject and object, unless otherwise agreed by the parties.
Article 12 1 The natural fruits are obtained by the owner; If there is both the owner and the usufructuary right holder, it shall be obtained by the usufructuary right holder; Unless otherwise agreed by the parties.
Legal fruits, if agreed by the parties, shall be obtained in accordance with the agreement; If there is no agreement or the agreement is unclear, it shall be obtained in accordance with the trading habits.
Article 122 Where there is an agreement on the ownership of the products obtained from processing, adhesion and mixing, such agreement shall prevail; If there is no agreement or the agreement is unclear, it shall be in accordance with the law; Where there is no provision in the law, it shall be determined according to the principle of giving full play to the utility of things and protecting the innocent party. If losses are caused to the other party due to the fault of one party or the ownership of something, compensation shall be made.
The third part is usufructuary right
Chapter X General Provisions
Article 123 The usufructuary right holder has the right to possess, use and profit from the real estate owned by others within the scope prescribed by law.
Article 124 Units and individuals may possess, use and profit from natural resources owned by the state or owned by the state for collective use as stipulated by law.
Article 125 The acquisition of usufructuary rights shall be handled with the relevant administrative departments according to law.