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中华人民共和国物权法(英文版)

http://www.dffy.com 2007-12-5 10:20:01 来源:东方法眼

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  Article 130 The contract-letting party may not readjust the contracted land within the duration of a contract. In case it is necessary to readjust the cultivated land or grassland as contracted by virtue of such especial events as natural calamities that have materially injured the contracted land, a readjustment may, in accordance with the legal provisions in the law on the contracting of rural land and other related laws, be carried out.
  Article 131 The contract-letting party may not take back the contracted land within the term of the contract. In case there exists any otherwise provision in the law on the contracting of rural land or any other law, such provision shall prevail.
  Article 132 In case a contracted land is expropriated, the holder of the right to the contracted management of such land has the right to obtain corresponding compensations in accordance with Paragraph 2 of Article 42 in the present Law.
  Article 133 As regards the barren land or other rural land that is contracted through bid invitation, auction, or open negotiation, etc, the right to the contracted management thereof may, according to the law on the contracting of rural land and other laws as well the related regulations of the State Council, be circulated by means of alienation, lease, equity contribution, or mortgage, etc.
  Article 134 In case the contracted management is conducted over any state-owned rural land, the related provisions in the present Law shall apply by analogy.
  Chapter XII Right to Use Construction Land
  Article 135 The holder of the right to use construction land has the right to possess, use and seek proceeds from the land owned by the state, and shall be entitled to the construction of buildings, fixtures and their auxiliary facilities by making use of such land.
  Article 136 The right to use construction land may be created separately on the surface of or above or under the land. The newly-established one may not injure the usufructuary right that has already been established.
  Article 137 The right to use construction land may be created through transfer or allotment, etc. As regards the land used for purposes of industry, business, entertainment or commercial dwelling houses, etc. as well as the land with two or more intended users, the alienation thereof shall adopt such means as auction, bid invitation or any other public bidding method. It is severely restrained to create the right to use construction land through allotment. For adopting such means, the provisions on land uses in the laws and administrative regulations shall be observed.
  Article 138 In case the right to use construction land is created through auction, bid invitation, or agreement, etc., the related parties shall conclude a written contract on the transfer of such right. In general, a contract on transfer of the right to use construction land shall contain the items as follows: (1) name and domicile of the parties concerned; (2) location and acreage, etc. of the land; (3) space to be covered by buildings, fixtures and affiliated facilities thereof; (4) use purposes; (5) use term; (6) payment methods for allotment fees and other fees; and (7) dispute settlement method.

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