The Chinese Property Rights Law 2007

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The Chinese Property Rights Law 2007

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Author : Werner Nann
language : en
Publisher: Logos Verlag Berlin
Release Date : 2010

The Chinese Property Rights Law 2007 written by Werner Nann and has been published by Logos Verlag Berlin this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with Real property categories.

The new Chinese property law is the fundamental base of real estate investments in the PRC. This book reveals similarities and differences of the Chinese property law and the German legislation. It helps to understand the different cultures of law and enables real estate experts to gain a first insight of problems with Chinese property investments.

From Public To Private

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Author : Mo Zhang
language : en
Publisher:
Release Date : 2008

From Public To Private written by Mo Zhang and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with categories.

Protection of Property Rights has become a pressing issue in China since the country strived to move from a planned economy to a market economy in late 1970's. The passage of the Property Law of China on March 16, 2007 marked an historic change in the country from public to private in respect to property rights. Effective on October 1, 2007, the Property Law for the first time in Chinese history grants an equal protection to both public and private properties, breaking up the orthodox ideology in favor of public ownership against private ownership and individual liberty. With a notable civil law tradition, the Property Law is intended to set forth comprehensive rules regulating creation, alteration, alienation as well as termination of property rights, and protecting private property rights in China, a country where the public or state ownership is still playing a leading role in the nation's economy. Many rules in the Property Law, which are different from those in other countries, particularly the common law countries, are unique not only in their contents but also in their application. The land use rights typically reflect a Chinese reality in that the ownership of land is separated from the possession and use of it. Adoption of the Property Law in China is a substantial step toward protection of private property rights in the nation. The greatest challenge facing the country, however, is how to enforce the law so that the private property rights would be effectively protected, especially in the situation where the public ownership is involved. The Nail House syndrome that has spread all over the country indeed raises a serious issue of compensation in the case of taking. Whether or not the compensation must be just and reasonable remains to be answered.

The Law Of Property And The Evolving System Of Property Rights In China

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Author : Albert H. Y. Chen
language : en
Publisher:
Release Date : 2011

The Law Of Property And The Evolving System Of Property Rights In China written by Albert H. Y. Chen and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011 with categories.

The enactment of the Law of Property (LP) 2007 in China has been hailed as a milestone in the development of contemporary Chinese law. This chapter attempts to understand some of the key concepts and provisions in the LP in the context of the evolving Chinese law relating to property rights, the changing economic system, and from the perspective of comparative law. It suggests that the conceptual framework employed by the LP has largely been borrowed from the continental European, particularly the German, legal tradition, although there are also vestiges of legal ideas transplanted from the former Soviet Union. This chapter also demonstrates that the three main types of "yongyi wuquan" (Nutzungsrechte in German) provided for in the LP are to varying degrees private property rights, and "collective ownership" in respect of rural land also contains elements of private property.

Chinese Real Estate Law And The Law And Development Theory

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Author : Gregory M. Stein
language : en
Publisher:
Release Date : 2017

Chinese Real Estate Law And The Law And Development Theory written by Gregory M. Stein and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with categories.

China did not adopt a modern Property Rights Law until 2007, which means that most modern real estate development occurred before there was a comprehensive property law to govern it. Moreover, business conventions in China frequently diverge from published laws, and the rules that professionals follow do not always comply with legal requirements. This article addresses how real estate professionals in China contend with these legal inconsistencies and uncertainties. It also asks whether China is disproving the traditional law and development model, which holds that transparent property and contract laws are a prerequisite to robust economic development. Part II introduces some of the common Western misconceptions about Chinese real estate law and business. Part III presents examples of how three specific Chinese business practices have come to differ in significant ways from Chinese real estate law. Part IV concludes by noting the ways in which China calls into question the widely accepted model of law and development.

Comparative Perspectives On The Chinese Civil Code

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Author : Meiling Huang
language : en
Publisher: Taylor & Francis
Release Date : 2024-03-05

Comparative Perspectives On The Chinese Civil Code written by Meiling Huang and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2024-03-05 with Law categories.

This book provides a comparative analysis of Chinese property law as depicted in the newly enacted Chinese Civil Code. The Chinese Civil Code, the first civil code in the history of the People’s Republic of China, was enacted as law in May 2020. Reflecting the growing interest in this code and its provisions to scholars of codification and of comparative private law, it has already been translated into English, German, and Italian. Chinese property law has both local and global features, and this comparative study offers a channel through which to understand Chinese property law, by highlighting both its similarities and differences from other property systems. Broadly speaking, the book brings together two approaches. The first comprises a comprehensive discussion of aspects of Chinese property law, such as ownership, property rights, and secured transactions. The second consists of perspectives from other jurisdictions and provides an assessment of Chinese property law based on other property systems. Containing contributions by both distinguished and young scholars, who are experienced in comparative property law research, the book offers a unique insight into the Chinese Civil Code and, through it, how extra-civilian elements are embodied in a fundamentally civilian legal system. This book will appeal to scholars and students of property law, comparative law, and others with specific interests in law and politics in China.

Chinese Real Right Law

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Author : Weixing Shen
language : en
Publisher:
Release Date : 2023

Chinese Real Right Law written by Weixing Shen and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023 with Civil rights categories.

The basic necessities of human life depend on the material resources, so the material resources are indispensable elements of human life. In ancient times, due to the vast and sparsely populated land, all kinds of materials were inexhaustible, and there was no need for the existence of the concept of private property. Since modern times, limited material resources have been increasingly unable to meet the increasing social needs with the population reproduction. The reality of the scarcity of resources leads people to exclude others for one reason or another. In order to settle disputes, promote the efficient use of things, and enable individuals to enjoy the free space to form their own lives, national law has recognized that citizens' control over material resources is a right under certain circumstances. Therefore, the Property Law was born. From the General Principles of the Civil Law promulgated in 1986 to the Property Law in 2007 and to the Property Part of the Civil Code in 2020, it has always been an important part of the legal system of market economy in China to formulate a complete and rigorous system of property right system.--Publisher.

Separation And Abstraction In Property Transfers

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Author : Zhicheng WU
language : en
Publisher: BRILL
Release Date : 2023-05-08

Separation And Abstraction In Property Transfers written by Zhicheng WU and has been published by BRILL this book supported file pdf, txt, epub, kindle and other format this book has been release on 2023-05-08 with Law categories.

This book argues that there are three dividing lines regarding modes and consequences of property transfers which should not be conflated by comparative lawyers, namely, intent alone versus intent plus, unitary approach versus separatist approach, and causality versus abstraction. Unlike Chinese law, English law takes a non-unified approach not only in the stage of transfer but also in the stage of restitution, where the consequence in relation to the property right transferred under a flawed underlying basis can be purely causal, purely abstract, and abstract in common law but causal in equity. Nevertheless, abstraction is normatively more justifiable than causality.

Private Law In China And Taiwan

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Author : Yun-chien Chang
language : en
Publisher: Cambridge University Press
Release Date : 2017

Private Law In China And Taiwan written by Yun-chien Chang and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017 with Law categories.

Comparing four key branches of private law in China and Taiwan, this collaborative and novel book demystifies the 'China puzzle'.

Ownership With Chinese Characteristics

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Author : United States. Congressional-Executive Commission on China
language : en
Publisher:
Release Date : 2003

Ownership With Chinese Characteristics written by United States. Congressional-Executive Commission on China and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Electronic government information categories.

Contains testimony and prepared statements by Patrick A. Randolph, Brian Schwarzwalder, James A. Dorn, and Mark A. Cohen.

Chinese Small Property

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Author : Shitong Qiao
language : en
Publisher: Cambridge University Press
Release Date : 2017-10-19

Chinese Small Property written by Shitong Qiao and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2017-10-19 with Business & Economics categories.

Qiao demonstrates how an impersonal and unbounded market can operate without legal protection or enforcement of property and contract rights.