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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 172 For establishing real rights for security, a security contract shall be entered into in accordance with the present Law and the other related laws. A security contract shall be a subordinate one to the principal contract. Unless it is otherwise prescribed by any law, the security contract shall be invalid when the principal contract is nullified. After a security contract is confirmed to be nullified, the obligor, the security provider and the obligee that has faults shall, in light of their respective faults, undertake corresponding civil liabilities.
  Article 173 The security range shall cover principal obligee s rights and their interests, default fines, damages as well as expenses for keeping the property for security and for realizing the real rights for security. In case there are otherwise stipulations between the related parties, such stipulations shall prevail.
  Article 174 In case, during the security term, the property for security is damaged, lost or expropriated, the security holder may seek preferred payments from the insurance money, damages or indemnities, etc. incurred therefrom. If the term for performing the obligee s rights as secured has not expired, such insurance money, damages or indemnities, etc. may be submitted to a competent authority for keeping.
  Article 175 As regards any security provided by a third party, where the obligee, without obtaining the written consent of the third party, allows the obligor to transfer all or part of its obligations, the security provider does not have to undertake corresponding security liabilities any more.
  Article 176 As regards a secured credit involving both physical and personal security, where the obligor fails to pay its due debts or any circumstance as stipulated by the parties concerned for realizing the property for security happens, the obligee shall realize the obligee s rights as stipulated; in the case of no or unclear such stipulation, and where the obligor provides his/its own property for the security, the obligee s rights shall be realized firstly by the security in property; and if the security by property is provided by a third party, the obligee may, by the physical security or through requiring the guarantor to assume the guaranty liability, realize the obligee s rights. The third party has the right,, after undertaking the security liability, to recover payments from the obligor.
  Article 177 Real rights for security may be terminated under any of the following circumstances: (1) The principal obligee s rights are terminated; (2) The real rights for security have been realized; (3) The obligee waives the real rights for security; or (4) Any other circumstance under which the real rights for security will be terminated as provided for by any law.
  Article 178 Where any provision in the Security Law conflicts with that of the present Law, the latter shall prevail.
  Chapter XVI Mortgage Right
  Section 1 General Mortgage Right

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