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Some opinions and suggestions on the draft of real property law
Journal article   Peer reviewed

Some opinions and suggestions on the draft of real property law

Frontiers of law in China, v 2(2), pp 198-223
01 Apr 2007

Abstract

Property rights State court decisions
It is suggested in the article that exclusivity should be added to the definition of the real property right; the following clauses should be revised: the definition of the real property right, the competency of evidence of the register of immovables, the effectiveness of the bona fide protection of real property registration, the tort liabilities of the registration authority, possession reformulation, state ownership of water resources and wildlife resources and public utilities, bona fide acquisition, transfer of contracting and operational rights, and mortgage. The following provisions should be added: the ownership of religious property, the acquisitive prescription, and the pledge on business. It is also suggested that the provisions on claims in rem prescribed in Article 39 and Article 42 be deleted, and the provision on dwelling rights, that is, Chapter XV, also be deleted.[PUBLICATION ABSTRACT]

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