Overview on the Stipulations on Property Rights in China's First Civil Code


The Civil Code of the People’s Republic of China (“PRC Civil Code”) which was adopted on 28 May 2020 and will take effect on 1 January 2021 consists of 7 parts and supplementary provisions at the end. Property Rights are stipulated in the second part of the PRC Civil Code and consist of 20 chapters and 257 clauses in total. The Property Rights Part is further divided into 4 sub-parts, i.e., General Provisions, Ownership, Usufruct and Security Interests. Compared to the currently effective PRC Property Law which governs the regime of property rights, except for the newly added Right of Habitation, the Property Rights Part of the PRC Civil Code basically follows the structure of the PRC Property Law with some revisions and supplements. With the taking effect of the PRC Civil Code, the PRC Property Law will cease to be effective on 1 January 2021.

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