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| 中华人民共和国物权法(英文版) |
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| http://www.dffy.com 2007-12-5 10:20:01 来源:东方法眼 |
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Article 229 The pledge of rights shall be governed by, in addition to the provisions prescribed in this Section, the provisions in Section 1 of this Chapter on the pledge of chattels. Chapter XVIII Lien Article 230 Where an obligor fails to pay off its due debts, the obligee may take lien of the chattels that are owned by the obligor and lawfully occupied by the obligee, and has the right to seek preferred payments from such chattels. The “obligee” as referred to in the preceding Paragraph shall be the lienor, and the occupied chattels shall be the property under lien. Article 231 The chattels taken as lien by the obligee and the obligee s rights shall fall into a same legal relationship, except for the lien between enterprises. Article 232 As regards chattels of which no lien may be taken as prescribed by law or stipulated by the parties concerned, lien may not be taken of them. Article 233 Where a property under lien is a divisible object, its value shall be equal to the amount of debts. Article 234 A lienor shall assume the obligation to properly keep the property under lien, and shall make compensations in case the property under lien is damaged or lost by virtue of improper safekeeping. Article 235 A lienor has the right to obtain the fruits generated from the property under lien. The “fruits” as referred to in the preceding paragraph shall be firstly used for the payments of the expenses for collecting the fruits. Article 236 A lienor shall, after the property is taken as lien, stipulate with the obligor the term for the fulfillment of the obligee s rights; and in caseof no or unclear stipulation, two months or more shall be given to the obligor for fulfilling the obligee s rights, except for such chattels that are not easy to be kept as fresh goods, perishable goods, etc.. Where the obligor fails to fulfill within the time limit, the lienor may convert the property under lien into money by negotiating with the obligor, or seek preferred payments from the money generated from the auction or sell-off the property under lien. When the property under lien is converted into money or sold off, its market price should be referred to. Article 237 An obligor may, upon expiration of the time limit for fulfilling the obligee s rights, require the lienor to exercise the lien; and where the lienor fails to do so, the obligor may ask for the people s court to auction or sell off the property under lien. Article 238 The obligor shall after the property under lien is converted into money, auctioned or sold off, enjoy the ownership of the value exceeding the obligee s rights or make up shall be attributed to the gap. Article 239 The lienor has the right to seek preferred payments in case the right to mortgage or the right of pledge has been established on a chattel before it is taken as lien. Article 240 The lien shall perish in case a lienor losses the possession of the property under lien or accepts other security separately provided by the obligor.
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本文关键词:物权法
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