The New Chinese Property Rights Law: An Evaluation from a Continental European Perspective

57 Pages Posted: 15 May 2008 Last revised: 5 Nov 2009

See all articles by Gebhard Marc Rehm

Gebhard Marc Rehm

Max Planck Institute for Comparative and International Private Law; Ludwig Maximilian University of Munich (LMU) - Institute of International Law - Comparative Law

Hinrich Julius

GTZ Society for Technical Cooperation; Hamburg University of Applied Sciences (HAW)

Date Written: May 11, 2008

Abstract

After 14 years of preparation, the Property Rights Law of the People's Republic of China entered into force on October 1, 2007. The current state of property law in China on the basis of this statute is the subject of this article. It is based on the authors' almost a decade long consultation experience in the law-making process. The central thrust of the law is the protection of private property through the socialist market economy of the People's Republic of China. The law is oriented in its basic structure and many individual provisions towards German law. Nationwide unified registration requirements for real property rights and real rights for security will have (rather in the medium term) significant impact in practice. Residential property is for the first time comprehensively regulated with consequences for the many thousands of apartment buildings in all Chinese towns. The hitherto existing systems of land use and also real rights for security have been cautiously reformed - but with major surprises in the detail: from moves towards the creation of private property in land (at least from an economic viewpoint) to the extension of movables apt to serve as a basis for security rights.

Keywords: China, Property, Ownership, Rights in Rem, Land Use, Property Rights Law

Suggested Citation

Rehm, Gebhard Marc and Julius, Hinrich, The New Chinese Property Rights Law: An Evaluation from a Continental European Perspective (May 11, 2008). Columbia Journal of Asian Law, Vol. 22, pp. 177, 2009. Available at SSRN: https://ssrn.com/abstract=1132343

Gebhard Marc Rehm (Contact Author)

Max Planck Institute for Comparative and International Private Law ( email )

Mittelweg 187
Hamburg, 20148
Germany

Ludwig Maximilian University of Munich (LMU) - Institute of International Law - Comparative Law ( email )

Veterinaerstr. 5
Munich, 80539
Germany
+49-89-2180-2109 (Phone)
+49-89-2180-3796 (Fax)

Hinrich Julius

GTZ Society for Technical Cooperation ( email )

Dag-Hammarskjöld-Weg 1-5
Eschborn, 65760
Germany

Hamburg University of Applied Sciences (HAW) ( email )

Berliner Tor 5
Hamburg, 20099
Germany

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