Security Rights in Property in Chinese Law - An Unattainable Goal to Construct a Coherent Legal Regime?

European Private Law Review, pp. 1005-1033, 2010

Posted: 23 Apr 2011  

Yuanshi Bu

Albert-Ludwigs-University Freiburg - International Economic Law with Special Focus on East Asia

Date Written: 2010

Abstract

Chinese property law was codified in March 2007. Being an important component, existing provisions governing security rights in property have been consolidated in the newly passed Property Act. The aim of this article is to analyze several highly controversial questions in detail such as creation and perfection, accessoriness and foreclosure of security rights, security rights in bankruptcy proceedings, priority rules, mortgages in movables and immovables, floating charge, restrictions on disposal rights of the security grantor as well as bona fide acquisition of security rights. The analysis reveals challenges brought about by incomplete mixed borrowings of foreign laws that China is now faced with in constructing an internally coherent and nationally uniform property law regime.

Keywords: China, Property Act, Security rights

JEL Classification: K11

Suggested Citation

Bu, Yuanshi, Security Rights in Property in Chinese Law - An Unattainable Goal to Construct a Coherent Legal Regime? (2010). European Private Law Review, pp. 1005-1033, 2010. Available at SSRN: https://ssrn.com/abstract=1805513

Yuanshi Bu (Contact Author)

Albert-Ludwigs-University Freiburg - International Economic Law with Special Focus on East Asia ( email )

Peterhof, 2. OG, Niemensstr. 10, D- 79098 Freiburg
Freiburg i. Br.
Germany
+49(0)761/203-5215 (Phone)
+49(0)761/203-5217 (Fax)

HOME PAGE: http://www.jura.uni-freiburg.de/institute/asien/

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