On January 1, 2021, the Interpretation (I) of the Supreme People's Court on the Application of the Property Rights Section of the Civil Code, which came into effect simultaneously with the Civil Code, further standardizes the trial of property rights dispute cases. This article shares 12 articles from three aspects: advance notice registration, co-ownership by shares, and transfer of property rights.
1.The applicant from the date of registration of the opposition15thIf no lawsuit is filed, the registration of the objection shall become invalid. After the opposition registration becomes invalid, if the parties request confirmation of the ownership of the real right, it shall be accepted in accordance with law.
2.Without the consent of the right holder of advance notice registration, the transfer of real property rights such as the ownership of immovable property, or the establishment of other real rights such as the right to use construction land, the right of residence, the right of mortgage, etc., shall not take effect.
3.After the advance notice is registered, the creditor's right shall be extinguished or the immovable property shall be registered90thIf no application is made for registration, the advance notice registration shall become invalid. Where the agreement for the sale and purchase of immovable property rights registered in advance is found to be invalid or revoked, or the right holder of the advance notice registration waives the creditor's rights, it shall be deemed to be "extinguished".
4.basisThe legal documents of the people's courts and arbitration institutions or the expropriation decisions of the people's **, etc., lead to the establishment of real rights; inheritance of property rights; Lawful construction and other factual acts create property rightsWhere a right holder who enjoys a real right in these three situations, but has not yet completed registration or delivery, requests protection of his or her real right shall be supported.
5.A co-owner may transfer his or her share of the jointly owned immovable property or the common movable property. The other co-owners have the right of first refusal under the same conditions. "Equivalent conditions" shall be determined based on factors such as the transfer of the common shares**, the method of performance of the price, and the time limit. However, if the co-ownership is transferred between the co-owners, the other co-owners shall not have the right of first refusal (unless otherwise agreed between the co-owners).
During the period of exercising the right of first refusal, if there is an agreement between the co-owners of the shares, it shall be handled in accordance with the agreement; Where there is no agreement or the agreement is unclear, it is to be determined in accordance with the following circumstances:
AssignmentNoticesIf the exercise period is specified in it, the period shall prevail; Where the notice does not specify the period for exercising, or the period specified is shorter than 15 days from the date of service of the notice15th
If the assignor fails to do so, it shall be from the date on which the other co-owners in common know or should know the equivalent conditions that have been finally determined15th
If the transferor fails to notify and cannot be determined, it shall be the date of transfer of the ownership of the common shares6 months
7.In any of the following circumstances, the other co-owners do not enjoy the right of first refusal
failure to claim pre-emption within the prescribed period;
If the "same conditions" are not met, that is, the pre-emptive purchase is claimed, but the substantive change requirements such as reducing the transfer price and increasing the burden on the transferor are proposed.
8.If, when the transferee acquires immovable or movable property, it does not know that the transfer is disposed of without authority, and there is no gross negligence, it shall be deemed that the transferee acquired it in good faith. Where the real rights holder asserts that it does not constitute good faith, it shall bear the burden of proof.
9.In any of the following circumstances, it shall be deemed that the transferee of immovable property knows that the transferor has no right of disposition:
the existence of a valid opposition registration;
During the validity period of the advance notice registration, without the consent of the right holder of the advance notice registration;
The register records the relevant matters in which the judicial or administrative organs have restricted the rights to immovable property;
The assignee is aware of an error in the subject of rights in the register;
The transferee knows that the right to the immovable property is enjoyed by another person in accordance with the law.
10.When the transferee receives the movable property, if the transaction object or place does not conform to the transaction customs, it shall be found to be grossly negligent.
11.Article 311 of the Civil Code stipulates that if the person without the right of disposition transfers immovable or movable property, the owner has the right to recover it; However, if the following circumstances are met, the transferee obtains ownership, and the original owner has the right to claim damages from the person without the right of disposition:
It is in good faith when it is transferred;
Reasonable ** transfer;
Those that should be registered in accordance with the law have been registered, and those that do not need to be registered have been delivered.
"Reasonable**" should be comprehensively determined according to the specific circumstances such as the nature, quantity and payment method of the subject matter of the transfer, with reference to the market ** and transaction customs.
12.If the transfer contract is found to be invalid or revoked, and the transferee's claim to acquire ownership in accordance with Article 311 of the Civil Code shall not be supported.
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