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Real Right Law of the People s Republic of China (Adopted at the 5th session of the Tenth National People s Congress on March 16, 2007) Part I General Rules Chapter I Basic Principles Article 1 In accordance with the Constitution Law, the present Law is enacted with a view to maintaining the basic economic system of the state, protecting the socialist market economic order, clearly defining the attribution of the res, bringing into play the utilities of the res and safeguarding the real right of the right holder. Article 2 The civil relationships incurred from the attribution and utilization of the res shall be governed by the present Law. The term “res” as mentioned in the present Law means realties and chattels. Where it is prescribed in any provision that certain right shall be taken as an object of real right, such provision shall be applicable. The term “real right” as mentioned in the present Law means the exclusive right of direct control over a specific res enjoyed by the holder in accordance with law, including ownership, usufractuary right and real rights for security. Article 3 In the primary phase of socialism, the state adheres to the basic economic system with the public ownership playing a dominant role and diverse forms of ownership developing side by side. The public economy shall be consolidated and developed by the state, and the development of the nonpublic economy shall be encouraged, supported and guided. The socialist market economy system shall be practiced by the state as well as the equal legal status and development rights of all market subjects shall be protected. Article 4 The real right of the state, collective, individual or any other right holder shall be protected by law, and may not be damaged by any entity or individual. Article 5 The varieties and contents of real rights shall be prescribed by law. Article 6 The creation, alteration, alienation or termination of the real right of a realty shall be subject to registration in accordance with law. The creation or alienation of the real right of a chattel shall be delivered in accordance with law. Article 7 One shall, when acquiring or exercising a real right, comply with the law, respect social morals and may not infringe upon the public interests or the lawful rights and interests of any other person. Article 8 In case there exists any other special provision in respect of real right in any other law, such special provision shall prevail. Chapter II Creation, Alteration, Alienation and Termination of Real Right Section 1 Reality Registration Article 9 Until it is registered in accordance with law, the creation, alteration, alienation or termination of the real right of a realty shall come into effect; unless it is otherwise prescribed by any law, it shall have no effect if it is not registered in accordance with law. As regards the ownership of the natural resources owned by the state in accordance with law, the registration is not required.
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