Interpretation of Seven Highlights of Real Right Compilation in Civil Code

The seven highlights of the real right compilation of the Civil Code are as follows:

(1) catalogue of residence rights.

According to the provisions of the Civil Code, the right holder has the right to enjoy the usufructuary right to occupy and use other people's houses in accordance with the agreement, so as to meet the needs of living and living.

The establishment of the right of residence aims to achieve "living and living" and solve the housing difficulties of specific family members.

(2) lift the restrictions on the transfer of collateral

According to the Civil Code, collateral can be transferred. For example, a commercial house purchased by an individual mortgage loan can be sold to a third person, who will bear the bank debt and continue to use the commercial house as collateral. Relaxing the restrictions on the transferee greatly saves the transaction cost and improves the convenience of financing.

(3) Extend the notice period of lost property.

According to the provisions of the Civil Code, if the lost property is unclaimed within one year from the date of the announcement, it will be owned by the state. This will more fully protect the property safety of citizens.

(4) The reason for expropriation is to increase "epidemic prevention and control"

The COVID-19 outbreak at the beginning of this year brought great challenges to China's response. In this civil code, "epidemic prevention and control" is added to the expropriation of movable property and real estate of organizations or individuals, just to learn from the experience of epidemic prevention and control and lay a legal foundation for the next epidemic emergency.

(5) New accessory system.

Attachment refers to the combination of things from different owners or things imposed on others by labor services to form inseparable things or new things.

(6) Land management right

The Book of Property Rights fully absorbed the mature experience of decentralization reform since the Third Plenary Session of the 18th CPC Central Committee, and created the right of land management. The land contractual management right holder can retain the land contractual management right, transfer the land contractual management right, or mortgage financing with the land contractual management right.

(7) Reduce the voting threshold of community owners.

According to the provisions of the Civil Code, the owners * * * participate in voting on matters decided by the owners' general meeting, and the owners whose exclusive area accounts for more than two-thirds and the number of owners accounts for more than two-thirds.

legal ground

Article 278 of the Civil Code of People's Republic of China (PRC) * * * The following matters shall be decided by the owners: (1) Formulating and amending the rules of procedure of the owners' congress; (2) Formulating and amending management regulations; (three) to elect the owners' committee or replace the members of the owners' committee; (four) the selection and dismissal of property services companies or other management personnel; (five) the use of funds for the maintenance of buildings and their ancillary facilities; (six) to raise funds for the maintenance of buildings and their ancillary facilities; (seven) renovation of buildings and their ancillary facilities; (eight) change the use of * * * or use * * to engage in business activities; (nine) other major matters related to the management rights of * * * and * * *. The owners * * * agree that the decision shall be passed by the owners who account for more than two-thirds of the exclusive area and more than two-thirds of the total number. Decisions on matters specified in Items 6 to 8 of the preceding paragraph shall be subject to the consent of the owners and more than 3/4 of the voters who participate in voting on the exclusive part. Other matters specified in the preceding paragraph shall be decided with the consent of more than half of the owners voting, and with the consent of more than half of the owners voting.

Article 339 of the Civil Code of People's Republic of China (PRC) * * * Transfer of Land Management Right The land contractual management right holder may independently decide to transfer the land management right to others by lease, shareholding or other means according to law.