<abstract xmlns="http://www.w3.org/1999/xhtml">

<p>January 1, 2021 marks an extremely important event in China’s legislative history, as the day the first Civil Code of the Democratic People’s Republic of China entered into force on May 28, 2020 (the “Chinese Civil Code 2020”), after an extremely long preparation time. The 2020 Chinese Civil Code was considered China’s “Declaration of Civil Rights”, with a huge number of regulations. Understanding legal provisions of the Chinese Civil Code is essential because of the following reasons: firstly, as Vietnam’s neighboring country, China has close relations with Vietnam in many areas of civil life. Secondly, Civil Code is a fundamental law of social life, having a profound influence, so the study of Civil Code should be given priority before studying many other laws. Thirdly, researching laws of other countries will help us realize the points that need to be improved in our laws. Up to now, legal research on this Code has not been much. Despite the prolonged lockdown in the past two years, China’s real estate market is hotter than ever. Real estate is an extremely important asset, especially when the future of other economic sectors is bleak, the society’s financial resources were pouring more and more into real estate, from which relevant conflicts were also increasing, requiring the constant improvement of legal regulations. This study aims to analyze the process of improving Chinese civil law provisions on real property and assess the completion level of the current regulations. To achieve these goals, the study has collected a large number of relevant regulations that China has promulgated and legal discussions of experts. The article is composed of three parts. The first is an overview of real property legislation before the Chinese Civil Code 2020, and the second part is the current regulations. Based on them, the author reports research findings and makes discussion.</p>
</abstract>

January 1, 2021 marks an extremely important event in China’s legislative history, as the day the first Civil Code of the Democratic People’s Republic of China entered into force on May 28, 2020 (the “Chinese Civil Code 2020”), after an extremely long preparation time. The 2020 Chinese Civil Code was considered China’s “Declaration of Civil Rights”, with a huge number of regulations. Understanding legal provisions of the Chinese Civil Code is essential because of the following reasons: firstly, as Vietnam’s neighboring country, China has close relations with Vietnam in many areas of civil life. Secondly, Civil Code is a fundamental law of social life, having a profound influence, so the study of Civil Code should be given priority before studying many other laws. Thirdly, researching laws of other countries will help us realize the points that need to be improved in our laws. Up to now, legal research on this Code has not been much. Despite the prolonged lockdown in the past two years, China’s real estate market is hotter than ever. Real estate is an extremely important asset, especially when the future of other economic sectors is bleak, the society’s financial resources were pouring more and more into real estate, from which relevant conflicts were also increasing, requiring the constant improvement of legal regulations. This study aims to analyze the process of improving Chinese civil law provisions on real property and assess the completion level of the current regulations. To achieve these goals, the study has collected a large number of relevant regulations that China has promulgated and legal discussions of experts. The article is composed of three parts. The first is an overview of real property legislation before the Chinese Civil Code 2020, and the second part is the current regulations. Based on them, the author reports research findings and makes discussion.

Real Property in Chinese Civil Law – The Process of Developing Property Legislation

Vietnamese Journal of Legal Sciences

This work is licensed under the Creative Commons Attribution 4.0 International License.

January 1, 2021 marks an extremely important event in China’s legislative history, as the day the first Civil Code of the Democratic People’s Republic of China...

Real Property in Chinese Civil Law – The Process of Developing Property Legislation

Data publikacji: 29 lis 2022

Zakres stron: 94 - 114

DOI: https://doi.org/10.2478/vjls-2022-0005

Słowa kluczowe
China, Civil Law, real property

© 2022 Le Thi Ngoc Mai, published by Sciendo

This work is licensed under the Creative Commons Attribution 4.0 International License.

Real Property in Chinese Civil Law – The Process of Developing Property Legislation

Data publikacji: 29 lis 2022

Zakres stron: 94 - 114

DOI: https://doi.org/10.2478/vjls-2022-0005

Słowa kluczoweChina, Civil Law, real property

© 2022 Le Thi Ngoc Mai, published by Sciendo

This work is licensed under the Creative Commons Attribution 4.0 International License.

Słowa kluczowe
China, Civil Law, real property