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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 162 As regards the easement enjoyed or assumed by the owner of the land, where the right to the contracted management of land or the right to use house site is created, holders of such rights the right to the contracted management of land or rights may continuously enjoy or assume such established easement.
  Article 163 Where any such usufructuary right as the right to the contracted management of land, the right to use house site, etc on the land has already been established, the land owner may, without consent of the aforesaid usufructuary right holder, not establish any easement.
  Article 164 The easement may not be transferred alone. Unless it is otherwise stipulated by the contract, where any such usufructuary right as the right to the contracted management of land, the right to use construction land, the right to use house site, etc is alienated, the easement shall be alienated at the same time.
  Article 165 The easement may not be mortgaged alone. Where the right to the contracted management of land or the right to use construction land, etc. is mortgaged, when such mortgage is realized, the easement shall be alienated simultaneously.
  Article 166 When the dominant tenement as well as the right to the contracted management of land, the right to use construction land or the right to use house site thereon are partially alienated, the transferee shall enjoy the easement simultaneously in case the easement is involved in the alienated part,.
  Article 167 When the servient tenement as well as the right to the contracted management of land, the right to use construction land thereon are partially alienated, the easement shall be binding on the alienatee if the easement is involved in alienated part.
  Article 168 The holder of the servient tenement has the right to rescind the easement contract in case an easement holder is under any of the following circumstances, and the easement shall be terminated: (1) to go against the legal provisions or the contract, or misuse the easement; or (2) as regards the paid use of servient tenement, upon expiration of the stipulated time limit for payment, fails to pay fees within a reasonable period for two times after being urged to do so.
  Article 169 For changing, alienating or eliminating the registered easement, the alteration or cancellation registration shall be go through in a timely manner.
  Part IV Real Rights for Security Chapter XV General Rules
  Article 170 Where the obligor fails to pay its due debts or any circumstance for realizing real rights for security as stipulated by the parties concerned happens, the holder of real rights for security shall enjoy preferred payments from the property for security, except that it is otherwise provided for by any law.
  Article 171 According to the present Law or any other law, an obligee may, in such civil activities as loans or sales, establish the real rights for security in case the security is required for ensuring the realization of its/his credits. Where a third party provides security to the obligee for an obligor, countersecurity from the obligor may be required. The countersecurity shall be pursuant to the present Law and other related laws.

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