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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 29 In case real right is acquired through inheritance or bequest, it shall go into effect as of the beginning time of the inheritance or bequest. Article 30 In case a real right is created or terminated as a result of such factual behaviors as the legal construction or premise demolition, it shall come into effect upon the accomplishment of the factual behavior. Article 31 As regards a real right of realty enjoyed according to the provisions of Articles 28 through 30 of the present Law, any disposal thereof may not produce effect of real right until it is registered as required by law. Chapter III Protection of Real Right Article 32 Where a real right is damaged, the right holder may settle the problem by means of conciliation, mediation or arbitration, etc. Article 33 Where any dispute over the ownership or content of real right arises, the interested parties may require the confirmation of the right. Article 34 Where a realty or chattel is under an unauthorized possession, the right holder may require the returning of the original object. Article 35 In case a real right is under obstruction or may be obstructed, the right holder may require the removing of the impediment or the termination of the danger. Article 36 In case a realty or chattel is damaged, the right holder may require the repairing, remaking, changing or the restoration of the original state. Article 37 In case the infringement upon a real right causes losses to the right holder, the right holder may require the compensation for the losses or the assuming of any other civil liability. Article 38 The ways for protecting real right as prescribed in the present Law may apply either independently or jointly in light of the specific situation of an injury of real right. In addition to assuming civil liabilities, any entity or individual infringing upon a real right shall assume the administrative liabilities where it/he violates any provision on administrative regulation; in case any crime is established, it/he shall assume the criminal liabilities. II Ownership Chapter IV General Rules Article 39 The owner of a realty or chattel is entitled to possess, utilize, seek profits from and dispose of the realty or chattel in accordance with law. Article 40 The owner of a realty or chattel is entitled to establish a usufructuary right or real right for security over the realty or chattel. The holder of usufructuary right or the holder of real right for security may, when exercising the right, not injure the owner ‘s rights and interests. Article 41 As regards a realty or chattel that is exclusively owned by the state as prescribed by law, its ownership may not be acquired by any entity or individual. Article 42 In order to meet the demands of public interests, it is allowed to requisition lands owned collectively, premises owned by entities and individuals or other realties according to the statutory power limit and procedures. When requisitioning land owned collectively, it is required to, in accordance with law and in full amount, pay land compensation fees, placement subsidies, compensations for the above-ground fixtures of the lands and seedlings and other fees, arrange for social security fees for the farmers with land requisitioned, guarantee their livelihood and protect their lawful rights and interests. When requisitioning the premises owned by entities and individuals or other realties, it is required to compensate for demolishment and relocation in accordance with law and protect the lawful rights and interests of the owners of the requisitioned realties; when requisitioning the individuals residential houses, it is required to guarantee the housing conditions of the owners of the requisitioned houses. The compensation fees for requisition and other fees may not be embezzled, misappropriated, privately shared, detained or delayed in the payment of by any entity or individual.
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本文关键词:物权法
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