China is continuously developing in many different areas, due to proper reforms, investments, and economic beliefs. A law related to the rights of property ownership in China was mandatory, therefore, it was accepted in 2007. The Property Law in China contains rules and regulations about the ownership of assets, about the transfer of property rights, and about the mortgage and land-use. Our Chinese lawyers are able to provide you with the necessary information and legal assistance if you are interested in purchasing or registering a property in China.
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Property registration in China
In order to register a property in China, the individual or the company needs to show the ownership certificate and other essential documents related to the location of the asset. It is good to know that the change, the creation, the transfer and the elimination of the right of a property or asset can be made under the China’s Property Law provisions. The authority in charge with the registration of a property needs to verify if the assets have been registered before and if it’s properly evaluated. It is good to know that the law refers to the civil associations created for the ownership and utilization of a property.
Property rights protection in China
People without legal rights upon a movable property or assets need to return it to the initial owner, without any other claims. In cases where the property rights are violated, the creditor or the obligee can solve the problem through a litigation process or a suitable mediation, with the help of our lawyers in China. The creditor can also ask for repairs or restorations, if the property (apartment, building, office, store, or vehicle) is damaged or not in a proper shape to be used.
If the contravention of the property rights infringes the administrative rules regulations, the infringing party will undertake the administrative obligation, in addition to the civil responsibility. As a reminder, such infringement can be considered a crime and the party involved can be inspected for criminal responsibility according to the law.
Rules related to the ownership of a property in China
Individuals or institutes, who possess different buildings, collectively-owned lands or other assets, can be expropriated with the help of the authorities in charge. If certain assets or other real properties are expropriated, the compensations will be paid to the owner according to the provisions and stipulations of the Property Law in China.
If you are dealing with such situation or if you are interested in additional details about the Property Law in China, you are invited to contact our Chinese law firm.