中國 (新)物權法 小考

Abstract

Newly-promulgated Real Property Law of China consists of five parts: General Provisions, Ownership, Usufructuary Rights, Security Interest in Property Rights, Possession. Its basic concept is to maintain the national basic economic system and the economic order of the socialist market as well as to introduce private property system. According to the new law, there are three types of ownership: State Ownership, Collective Ownership, and Individual Ownership. In fact, many aspects of the new law are very similar to the Korean Civil Law, but some provisions are very different. However the difference is critical and much important to form the chinese real property law system. For example, public confidence of real property registry, maintenance of socialist market economy, protection of bona fide purchaser of immovables, etc. To promote economic exchange between China and Korea, it is necessary to deeply study more about the Chinese real property law.