Chapter IV
Unincorporated Organizations
Article 102
An unincorporated organization is an organization which does not have the legal person status but may engage in civil activities in its own name in accordance with law.
Unincorporated organizations include sole proprietorships, partnerships, professional service institutions that do not have the legal person status, and the like.
Article 103
Unincorporated organizations shall be registered in accordance with law.
Where laws or administrative regulations provide that establishment of an unincorporated organization shall be subject to approval by the relevant authority, such provisions shall be followed.
Article 104
Where an unincorporated organization becomes insolvent, its capital contributors or promotors shall assume unlimited liability for the debts of the organization, unless otherwise provided by law.
Article 105
An unincorporated organization may designate one or more members to represent the organization to engage in civil activities.
Article 106
An unincorporated organization shall be dissolved under any of the following circumstances:
(1) where the term stipulated in its articles of association expires or any other cause for dissolution as is stipulated in the articles of association exists;
(2) where its capital contributors or promotors decide to dissolve it; or
(3) where dissolution is required under any other circumstances as provided by law.
Article 107
Upon dissolution, an unincorporated organization shall be liquidated in accordance with law.
Article 108
In addition to the provisions in this Chapter, the provisions in Section 1 of Chapter III of this Book shall be applied to unincorporated organizations mutatis mutandis.
Article 109
The personal liberty and dignity of a natural person is protected by law.
Article 110
A natural person enjoys the right to life, the right to corporeal integrity, the right to health, the right to name, the right to likeness, the right to reputation, the right to honor, the right to privacy, and the right to freedom of marriage.
A legal person or an unincorporated organization enjoys the right to entity name, the right to reputation, and the right to honor.
Article 111
A natural person’s personal information is protected by law. Any organization or individual that needs to access other’s personal information must do so in accordance with law and guarantee the safety of such information, and may not illegally collect, use, process, or transmit other’s personal information, or illegally trade, provide, or publicize such information.
Article 112
The personal rights of a natural person arising from a marital or familial relationship are protected by law.
Article 113
The proprietary rights of the persons of the civil law are equally protected by law.
Article 114
Persons of the civil law enjoy real rights in accordance with law.
Real rights are the rights to directly and exclusively control a specific thing by the right holder in accordance with law, which consists of the ownership, right to usufruct, and security interests in the property.
Article 115
Property consists of immovable and movable property. Where the law provides that a right shall be treated as property over which a real right lies, such provisions shall be followed.
Article 116
The categories and content of the real rights are provided by law.
Article 117
Where, for the purpose of public interests, an immovable or movable property is expropriated or requisitioned according to the scope of authority and the procedure provided by law, fair and reasonable compensation shall be paid.
Article 118
Persons of the civil law have rights in personam in accordance with law.
A right in personam is the right of an obligee to request a specific obligor to do or not to do a certain act, as arising from a contract, a tortious act, a negotiorum gestio, or unjust enrichment, or otherwise arising by operation of law.
Article 119
A contract formed in accordance with law is legally binding on the parties to the contract.
Article 120
Where a person’s civil-law rights and interests are infringed upon due to a tortious act, the person is entitled to request the tortfeasor to bear tort liability.
Article 121
A person who, without a statutory or contractual obligation, engages in management activities to prevent another person from suffering loss of interests, is entitled to request the said other person who receives benefit therefrom to reimburse the necessary expenses thus incurred.
Article 122
Where a person obtains unjust interests at the expense of another person’s loss without a legal cause, the person thus harmed is entitled to request the enriched person to make restitution.
Article 123
The persons of the civil law enjoy intellectual property rights in accordance with
law.
Intellectual property rights are the exclusive rights enjoyed by the right holders
in accordance with law over the following subject matters:
(1) works;
(2) inventions, new utility models, or designs;
(3) trademarks;
(4) geographical indications;
(5) trade secrets;
(6) layout designs of integrated circuits;
(7) new plant varieties; and
(8) the other subject matters as provided by law.
Article 124
A natural person has the right to succession in accordance with law.
Private property lawfully owned by a natural person may be transferred through inheritance in accordance with law.
Article 125
The persons of the civil law enjoy shareholder rights and other investor rights in accordance with law.
Article 126
The persons of the civil law enjoy other civil-law rights and interests as provided by law.
Article 127
Where there are laws particularly providing for the protection of data and online virtual assets, such provisions shall be followed.
Article 128
Where there are laws particularly providing for the protection of the civil-law rights of the minors, the elderly, the disabled, women, or the consumers, such provisions shall be followed.
Article 129
Civil-law rights may be acquired through the performance of a civil juristic act, the occurrence of an act de facto, the occurrence of an event as prescribed by law, or by other means provided by law.
Article 130
The persons of the civil law enjoy their civil-law rights according to their own will and in accordance with law free from any interference.
Article 131
While exercising civil-law rights, the persons of the civil law shall perform their obligations which are provided by law and agreed with the other parties.
Article 132
No person of the civil law shall abuse his civil-law rights and harm the interests of the state, the public interests, or the lawful rights and interests of others.
Chapter VI
Civil Juristic Acts
Section 1
General Rules
Article 133
A civil juristic act is an act through which a person of the civil law, by expression of intent, creates, alters, or terminates a civil juristic relationship.
Article 134
A civil juristic act may be accomplished through unanimous consent of two or more parties, or through one party’s unilateral expression of intent.
Where a legal person or an unincorporated organization makes a resolution in accordance with the procedure and voting method provided by law or stipulated in its articles of association, such a resolution is accomplished as a civil juristic act.
Article 135
A civil juristic act may be done in writing, orally, or in any other form; where a specific form is required by laws or administrative regulations, or agreed by the parties, it shall be done in such a form.
Article 136
Unless otherwise provided by law or agreed by the parties, a civil juristic act takes effect at the time it is accomplished.
A person that performs a civil juristic act may not change or revoke the act without authorization, unless doing so is in compliance with law or as consented to by the other party.
Section 2
Expression of Intent
Article 137
An expression of intent made in a real-time communication becomes effective from the time the person to whom the intent is expressed is aware of its content.
An expression of intent made in a form other than a real-time communication becomes effective from the time it reaches the person to whom the intent is expressed. Where such an expression of intent is made through an electronic data message and the person to whom the intent is expressed has designated a specific data-receiving system, it becomes effective from the time such a data message enters that system; where no data-receiving system is specifically designated, it becomes effective from the time the person to whom the intent is expressed knows or should have known that the data message has entered the system. Where the parties have agreed otherwise on the effective time of the expression of intent made in the form of an electronic data message, such an agreement shall prevail.
Article 138
Where an expression of intent is not made to any specific person, it becomes effective when the expression is completed, unless otherwise provided by law.
Article 139
An expression of intent made through public notice becomes effective upon the time the public notice is posted.
Article 140
A person performing a civil juristic act may make an expression of intent either expressly or implicitly.
Silence is deemed as an expression of intent only when it is so provided by law, agreed by the parties, or accords with the course of dealing between the parties.
Article 141
A person performing a civil juristic act may withdraw an expression of intent. The notice of withdrawal of the expression of intent shall reach the counterparty prior to or at the same time with the counterparty’s receipt of the expression of intent.
Article 142
Where an expression of intent is made to another person, the meaning of the expression shall be interpreted according to the words and sentences used, with
reference to the relevant terms, the nature and purpose of the civil juristic act, the custom, and the principle of good faith.
Where an expression of intent is not made to any specific person, the true intent of the person performing a civil juristic act shall not be interpreted solely on the words and sentences used, but along with the relevant terms, the nature and purpose of the civil juristic act, custom, and the principle of good faith.
Section 3
Effect of a Civil Juristic Act
Article 143
A civil juristic act is valid if the following conditions are satisfied:
(1) the person performing the act has the required capacity for performing civil juristic acts;
(2) the intent expressed by the person is true; and
(3) the act does not violate any mandatory provisions of laws or administrative regulations, nor offend public order or good morals.
Article 144
A civil juristic act performed by a person who has no capacity for performing civil juristic acts is void.
Article 145
A civil juristic act, performed by a person with limited capacity for performing civil juristic acts that is purely beneficial to the person or is appropriate to the age, intelligence, or mental status of the person is valid; any other civil juristic act performed by such a person is valid if a consent or ratification is obtained from his legal representative.
A third person involved in the act performed by a person with limited capacity for performing civil juristic acts may request the legal representative of the latter to ratify the act within 30 days from receipt of the notification. Inaction of the legal representative is deemed as refusal of ratification. Before such an act is ratified, a bona fide third person is entitled to revoke the act. The Revocation shall be made by notice.
Article 146
A civil juristic act performed by a person and another person based on a false expression of intent is void.
Where an expression of intent deliberately conceals a civil juristic act, the validity of the concealed act shall be determined in accordance with the relevant laws.
Article 147
Where a civil juristic act is performed based on serious misunderstanding, the person who performs the act has the right to request the people’s court or an arbitration institution to revoke the act.
Article 148
Where a party by fraudulent means induces the other party to perform a civil juristic act against the latter’s true intention, the defrauded party has the right to request the people’s court or an arbitration institution to revoke the act.
Article 149
Where a party knows or should have known that a civil juristic act performed by the other party is based on a third person’s fraudulent act and is against the other party’s true intention, the defrauded party has the right to request the people’s court or an arbitration institution to revoke the civil juristic act.
Article 150
Where a party performs a civil juristic act against its true intention owing to duress of the other party or a third person, the coerced party has the right to request the people’s court or an arbitration institution to revoke the civil juristic act.
Article 151
In situations such as where one party takes advantage of the other party that is in a desperate situation or lacks the ability of making judgment, and as a result the civil juristic act thus performed is obviously unfair, the damaged party is entitled to request the people’s court or an arbitration institution to revoke the act.
Article 152
A party’s right to revoke a civil juristic act is extinguished under any of the following circumstances:
(1) the party has failed to exercise the right to revocation within one year from the date when it knows or should have known of the cause for revocation, or within
90 days from the date when the party who has performed the act with serious misunderstanding knows or should have known of the cause for revocation;
(2) the party acting under duress has failed to exercise the right to revocation within one year from the date when the duress ceases; or
(3) the party who becomes aware of the cause for revocation waives the right to revocation expressly or through its own conduct.
The right to revocation is extinguished if the party fails to exercise it within five years from the date when the civil juristic act has been performed.
Article 153
A civil juristic act in violation of the mandatory provisions of laws or administrative regulations is void, unless such mandatory provisions do not lead to invalidity of such a civil juristic act.
A civil juristic act that offends the public order or good morals is void.
Article 154
A civil juristic act is void if it is conducted through malicious collusion between a person who performs the act and a counterparty thereof and thus harms the lawful rights and interests of another person.
Article 155
A void or revoked civil juristic act does not have any legal force ab initio.
Article 156
If invalidation of a part of a civil juristic act does not affect the validity of the other part, the other part of the act remains valid.
Article 157
Where a civil juristic act is void, revoked, or is determined to have no legal effect, the property thus obtained by a person as a result of the act shall be returned, or compensation be made based on the appraised value of the property if it is impossible or unnecessary to return the property. Unless otherwise provided by law, the loss thus incurred upon the other party shall be compensated by the party at fault, or, if both parties are at fault, by the parties proportionally.
Section 4
A Civil Juristic Act Subject to a Condition or a Term
Article 158
A condition may be attached to a civil juristic act unless the nature of the act denies such an attachment. A civil juristic act subject to a condition precedent becomes effective when the condition is fulfilled. A civil juristic act subject to a condition subsequent becomes invalid when the condition is fulfilled.
Article 159
Where a condition is attached to a civil juristic act, if a party, for the sake of its own interests, improperly obstructs the fulfillment of the condition, the condition is deemed as having been fulfilled; if a party improperly facilitates the fulfillment of the condition, the condition is deemed as not having been fulfilled.
Article 160
A term may be attached to a civil juristic act, unless the nature of such act denies such an attachment. A civil juristic act subject to a term of effectiveness becomes effective when the term begins. A civil juristic act subject to a term of termination becomes ineffective upon expiration of the term.
Chapter VII
Agency
Section 1
General Rules
Article 161
A person of the civil law may perform a civil juristic act through his agent.
A civil juristic act shall not be performed through an agent if the act must be performed by the principal himself in accordance with law, as agreed by the parties, or based on the nature of the act.
Article 162
A civil juristic act performed by an agent in the principal’s name within the scope of authority is binding on the principal.
Article 163
Agency consists of agency by agreement and agency by operation of law.
An agent under agreement shall act in accordance with the principal’s authorization. An agent by operation of law shall act in accordance with law.
Article 164
An agent who fails to perform or fully perform his duty and thus causes harm to the principal shall bear civil liability.
Where an agent maliciously collides with a third person, thus harming the lawful rights and interests of the principal, the agent and the third person shall bear joint and several liability.
Section 2
Agency by Agreement
Article 165
In an agency by agreement, if authority is conferred in writing, it shall clearly state in the letter of authorization the name of the agent, the authorized matters, as well as the scope and duration of the authority, and it shall be signed or sealed by the principal.
Article 166
Where two or more agents are authorized to deal with the same matter for the principal, the agents shall collectively exercise the authority unless otherwise agreed by the parties.
Article 167
Where an agent knows or should have known that doing the authorized matter is in violation of law but still acts as authorized, or, if a principal knows or should have known that an act of the agent is in violation of law but raises no objection thereto, the principal and the agent shall bear joint and several liability.
Article 168
An agent shall not, in the principal’s name, perform a civil juristic act with himself, unless it is consented to or ratified by the principal.
An agent who has been designated by two or more principals shall not in the name of one principal perform a civil juristic act with another principal whom he concurrently represents, unless it is consented to or ratified by both principals.
Article 169
Where an agent needs to re-delegate his authority to a third person, he shall obtain consent or ratification from the principal.
If the re-delegation of authority to a third person is consented to or ratified by the principal, the principal may directly instruct the third person to do the authorized task, and the agent shall be liable only for the selection of such a third person and the instructions given to the third person by the agent himself.
If re-delegation of authority to a third person is not consented to or ratified by the principal, the agent shall be liable for the acts performed by the third person, unless the agent re-delegates his authority to a third person in an emergency situation in order to protect the interests of the principal.
Article 170
A civil juristic act performed by a person for fulfilling his responsibilities assigned by a legal person or an unincorporated organization, within the scope of authority and in the name of the legal person or the unincorporated organization, is binding on the legal person or unincorporated organization.
Restrictions imposed by a legal person or an unincorporated organization on the scope of authority of a person who performs the responsibilities assigned by the legal person or unincorporated organization are not effective against a bona fide third person.
Article 171
An act performed by a person without authority, beyond the authority, or after the authority is terminated is not effective against the principal who has not ratified it.
A counterparty may urge the principal to ratify such an act within 30 days after receipt of the notification. Inaction of the principal is deemed as a refusal of ratification. Before such an act is ratified, a bona fide counterparty has the right to revoke the act. Revocation shall be made by notice.
Where the aforementioned act is not ratified, a bona fide counterparty has the right to request the person who has performed the act to fulfill the obligations or compensate for the loss thus incurred, provided that the amount of compensation shall not exceed the amount of benefit the counterparty would have received had the principal ratified the act.
Where a counterparty knows or should have known that the person performing the act has no authority, the counterparty and the said person shall bear the liability in proportion to their fault.
Article 172
An act performed by a person without authority, beyond the authority, or after the authority is terminated is effective if the counterparty has reasons to believe that the said person has authority.
Section 3
Termination of Agency
Article 173
An agency by agreement is terminated under any of the following circumstances:
(1) the term of agency expires or the authorized tasks have been completed;
(2) the principal revokes the agency or the agent resigns;
(3) the agent loses his capacity for performing civil juristic acts;
(4) the agent or the principal deceases; or
(5) the legal person or unincorporated organization who is the agent or the principal is terminated.
Article 174
An act performed by an agent under agreement after the principal deceases remains valid under any of the following circumstances:
(1) the agent does not know or should not have known of the death of the principal;
(2) the act is ratified by the heirs of the principal;
(3) it is clearly stated in the letter of authorization that the agency ceases only upon completion of the authorized tasks; or
(4) the agent has started the act before the principal deceases and continues to act in the interests of the heirs of the principal.
The preceding paragraph shall be applied mutatis mutandis where the principal who is a legal person or an unincorporated organization is terminated.
Article 175
An agency by operation of law is terminated under any of the following circumstances:
(1) the principal obtains or regains full capacity for performing civil juristic acts;
(2) the agent loses the capacity for performing civil juristic acts;
(3) the agent or the principal deceases; or
(4) any other circumstance as provided by law exists.
Chapter VIII Civil Liability
Article 176
The persons of the civil law shall perform civil-law obligations and bear civil liability in accordance with law or the agreement of the parties.
Article 177
Where two or more persons assume shared liability in accordance with law, each person shall bear the liability in proportion to their respective share of fault if such share can be determined, or in equal share if such share cannot be determined.
Article 178
Where two or more persons assume joint and several liability in accordance with law, the right holder has the right to request some or all of them to bear the liability.
The persons subjected to joint and several liability shall each bear the liability in proportion to their respective share of fault, or in equal share if such share cannot be determined. A person who has assumed the liability more than his share of fault has the right to contribution against the other person(s) subjected to the joint and several liability.
Joint and several liability shall be either imposed by law or stipulated in the agreement of the parties.
Article 179
The main forms of civil liability include:
(1) cessation of the infringement;
(2) removal of the nuisance;
(3) elimination of the danger;
(4) restitution;
(5) restoration;
(6) repair, redoing or replacement;
(7) continuance of performance;
(8) compensation for losses;
(9) payment of liquidated damages;
(10) elimination of adverse effects and rehabilitation of reputation; and
(11) extension of apologies.
Where punitive damages are provided by law, such provisions shall be followed.
The forms of civil liability provided in this Article may be applied separately or concurrently.
Article 180
A person who is unable to perform his civil-law obligations due to force majeure bears no civil liability, unless otherwise provided by law.
“Force majeure” means objective conditions which are unforeseeable, unavoidable, and insurmountable.
Article 181
A person who causes harm to the tortfeasor out of a justifiable defense bears no civil liability.
A person who, when acting out of justifiable defense, exceeds the necessary limit and thus causes undue harm to the tortfeasor shall bear appropriate civil liability.
Article 182
Where a person, when seeking to avoid a peril in response to an emergency, causes harm to others, the person who creates the peril shall bear civil liability.
Where the peril is caused by natural forces, the person who causes harm to others by seeking to avoid the peril bears no civil liability, provided that he may make appropriate compensation.
Where the measures adopted by a person seeking to avoid a peril in response to an emergency are improper or exceed the necessary limit and thus cause undue harm to others, the person shall bear appropriate civil liability.
Article 183
Where a party is injured for protecting the civil-law rights and interests of another person, the tortfeasor shall bear civil liability, and the beneficiary may make appropriate compensation to the injured person. In the absence of a tortfeasor, or if the tortfeasor flees or is incapable of assuming civil liability, upon request of the injured person, the beneficiary shall make appropriate compensation.
Article 184
A person who voluntarily engages in rescuing another person in an emergency situation and thus causes harm to the latter person bears no civil liability.
Article 185
A person who infringes upon the name, likeness, reputation, or honor of a hero or a martyr and thus harms the social public interests shall bear civil liability.
Article 186
Where a party’s breach of contract causes harm to the other party’s personal or proprietary rights and interests, the latter party may elect to request the former to bear liability either for breach of contract or for commission of tort.
Article 187
Where a person of the civil law has to concurrently bear civil, administrative, and criminal liabilities as a result of the same act performed by him, the assumption of administrative or criminal liabilities by the person shall not affect the civil liability he should bear. If the assets of the person are insufficient to pay for all the liabilities, the civil liability shall be paid first.
Chapter IX Limitation of Action
Article 188
The limitation period for a person to request the people’s court to protect his civil-law rights is three years, unless otherwise provided by law.
Unless otherwise provided by law, the limitation period begins from the date when the right holder knows or should have known that his right has been harmed and that who is the obligor. However, no protection to a right is to be granted by the people’s court if 20 years have lapsed since the date when the injury occurs, except that the people’s court may, upon request of the right holder, extend the limitation period under special circumstances.
Article 189
Where the parties agree on payment of a debt by installment, the limitation period begins from the date when the last installment is due.
Article 190
The limitation period for a person with no or limited capacity for performing civil juristic acts to bring a claim against his legal representative begins from the date when the agency by operation of law is terminated.
Article 191
The limitation period for a minor to bring a sexual molestation claim against the offender begins from the date when the minor reaches the age of 18.
Article 192
Expiration of the limitation period may be used by an obligor as a defense against a claim of non-performance.
An obligor who agrees to perform a prior obligation after the limitation period expires may not later on use the expiration of the limitation period as a defense, and an obligor who has voluntarily performed such a prior obligation may not later on demand for restitution.
Article 193
The people’s court shall not apply the provisions on limitation periods on its own initiative.
Article 194
The limitation period is suspended if, within the last six months of the limitation period, a right holder is unable to exercise the right to claim owing to the existence of one of the following obstacles:
(1) where there is force majeure;
(2) where the right holder with no or limited capacity for performing civil juristic acts has no legal representative, or his legal representative deceases or loses the capacity for performing civil juristic acts or the right to representation;
(3) where no heir or administrator of estate has been determined after the opening of succession;
(4) where the right holder is controlled by the obligor or another person; or
(5) where there are other obstacles that cause the right holder unable to exercise the right to claim.
The limitation period shall expire six months after the date when the cause for suspension is removed.
Article 195
A limitation period is interrupted under any of the following circumstances, and the limitation period shall run anew from the time of interruption or the time when the relevant proceeding is completed:
(1) the right holder requests the obligor to perform the obligation;
(2) the obligor agrees to perform the obligation;
(3) the right holder initiates a lawsuit or arbitration proceeding against the obligor; or
(4) there exists any other circumstance that has the same effect as initiating a lawsuit or arbitration proceeding by the right holder.
Article 196
The limitation period does not apply to the following rights to claim:
(1) a claim for cessation of the infringement, removal of the nuisance, or elimination of the danger;
(2) a claim for return of property of a person who has a real right in an immovable or a registered movable property;
(3) a claim for payment of child support or support for other family members; or
(4) any other claims to which the limitation period is not applicable in accordance with law.
Article 197
The time period, counting methods, and the grounds for suspension and interruption of the limitation period are provided by law, and any arrangement otherwise agreed by the parties is void.
An anticipatory waiver of one’s interests in the limitation period made by the parties is void.
Article 198
Any provisions of law regulating the limitation period for arbitration shall be followed; in the absence of such provisions, the provisions on limitation period for litigation provided herein shall be applied mutatis mutandis.
Article 199
The time period within which a right holder may exercise certain rights, such as the right to revocation and the right to rescission, which are provided by law or agreed by the parties shall begin, unless otherwise provided by law, from the date when the right holder knows or should have known that he has such a right, and the provisions on the suspension, interruption, or extension of the limitation period shall not be applicable. Upon expiration of the time period, the right to revocation, the right to rescission, and the like rights are extinguished.
Chapter X
Counting of Periods of Time
Article 200
Time periods referred to in the civil law are counted by year, month, day, and hour according to the Gregorian calendar.
Article 201
Where a time period is counted by year, month, and day, the day on which the time period begins shall not be counted in and the period runs from the following day.
Where a time period is counted by hour, the period begins to run from the hour as provided by law or agreed by the parties.
Article 202
Where a time period is counted by year and month, the corresponding date of the due month is the last day of the time period; in the absence of such a corresponding date, the last day of that month is the last day of the time period.
Article 203
Where the last day of a time period falls on a legal holiday, the day after the holiday is deemed as the last day of the period.
The last day shall end at 24:00 hours; where a business hour is applied, the last day shall end at the time the business is closed.
Article 204
The counting of a time period shall be governed by the provisions of this Code, unless otherwise provided by law or agreed by the parties.
Book Two Real Rights
Part One General Provisions
Chapter I General Rules
Article 205
This Book regulates the civil-law relations arising from the attribution and utilization of things.
Article 206
The State upholds and improves the fundamental socialist economic systems, such as the ownership system under which diverse forms of ownership co-develop with public ownership as the mainstay, the distribution system under which multiple forms of distribution co-exist with distribution according to work as the mainstay, as well as the system of socialist market economy.
The State consolidates and develops the public sector of the economy, and encourages, supports, and guides the development of the non-public sector of the economy.
The State implements a socialist market economy and protects the equal legal status and development rights of all market participants.
Article 207
The real rights of the State, collectives, private individuals, and the other right holders are equally protected by law and free from infringement by any organization or individual.
Article 208
The creation, alteration, alienation, or extinguishment of the real rights in immovable property shall be registered in accordance with law. The creation and alienation of real rights in movable property shall be subject to the delivery of the movable property in accordance with law.
Chapter II
Creation, Alteration, Alienation, and Extinguishment of Real Rights
Section 1
Registration of Immovable property
Article 209
The creation, alteration, alienation, or extinguishment of a real right in immovable property shall become effective upon registration in accordance with law, and shall not take effect without registration, unless otherwise provided by law.
Ownership registration is not required for natural resources that are owned by the State in accordance with law.
Article 210
The registration of immovable property shall be handled by the registration authority at the place where the immovable property is located.
The State implements a unified registration system with respect to immovable property. The scope, authorities, and measures for the unified registration shall be specified by laws and administrative regulations.
Article 211
When applying for registration of immoveable property, an applicant shall, in light of the different items to be registered, provide necessary materials such as the proof of real rights, metes and bounds, and area of the immovable property.
Article 212
The registration authority shall perform the following responsibilities:
(1) to examine the proof of real rights and other necessary materials provided by the applicant;
(2) to inquire the relevant registration items of the applicant;
(3) to register the relevant items truthfully and in a timely manner; and
(4) to perform other responsibilities as provided by laws and administrative regulations.
Where further proof is required for the relevant information of the immovable property to be registered, the registration authority may require the applicant to provide supplementary materials, and may conduct onsite inspection where necessary.
Article 213
A registration authority may not engage in the following acts:
(1) to require an appraisal of the immovable property;
(2) to carry out repeated registration in the name of annual inspection, and the like; or
(3) to engage in other acts that exceed the scope of its responsibilities for registration.
Article 214
The creation, alteration, alienation, or extinguishment of a real right of the immovable property that is required by law to be registered becomes effective at the time when it is recorded in the register of immovable property.
Article 215
A contract concluded by the parties on the creation, alteration, alienation, or extinguishment of a real right becomes effective upon its formation, unless it is otherwise provided by law or agreed upon by the parties, and the validity of the contract is not affected by the fact that the real right is not registered.
Article 216
The register of immovable property is the basis for determining the attribution and contents of the real rights in immovable property.
The register of immovable property shall be kept by the registration authority.
Article 217
The real right certificate for immovable property is a proof of a right holder’s entitlement to the real right in the immovable property. The items recorded in the real right certificate for immovable property shall be consistent with what are recorded in the register of immovable property; in case of inconsistency between the two, what is recorded in the register of immovable property shall prevail, unless there is evidence establishing a clear error in the register of immovable property.
Article 218
A right holder or an interested person may apply for retrieving and making copies of the information of the registered immovable property, and the registration authority shall provide the information.
Article 219
An interested person may not disclose or illegally use the registered information of a right holder’s immovable property.
Article 220
A right holder or an interested person may apply for rectification of the registration if he believes that an item is incorrectly recorded in the register of immovable property. Where the right holder as recorded in the register of immovable property agrees in writing to make rectification, or where there is evidence establishing a clear error in the register, the registration authority shall rectify it.
Where the right holder as recorded in the register of immovable property does not agree to make rectification, an interested person may apply for registration of a demurrer. Where the registration authority registers the demurrer but the applicant fails to file a lawsuit within 15 days from the date of such a registration, the registration of demurrer becomes ineffective. Where a demurrer is improperly registered and damage is thus caused to the right holder, the right holder may request the applicant to pay damages.
Article 221
Where the parties enter into an agreement for the sale of a house or on any other real right in immovable property, they may apply for registration of a priority notice to a registration authority in accordance with the agreement so as to ensure the realization of the real right in the future. Where, after the priority notice is registered, the immovable property is disposed of without the consent of the right holder as registered in the priority notice, the disposition is not effective in terms of the real right.
Where, after the priority notice is registered, no application for registration of the real right of immovable property has been made within 90 days from the date on which the creditor’s claim extinguishes or the immovable property is eligible for registration, the registration of the priority notice becomes ineffective.
Article 222
A party who provides false materials upon application for registration and thus causes damage to another person shall be liable for compensation.
Where damage is caused to another person due to a clerical error upon registration, the registration authority shall be liable for compensation. After having made such compensation, the registration authority has the right to indemnification against the person who has made the error.
Article 223
The fee for the registration of immovable property shall be collected on a piece-by-piece basis and may not be collected in proportion to the area, size, or purchase price of the immovable property.
Section 2
Delivery of Movable Property
Article 224
The creation or alienation of a real right in movable property shall take effect upon delivery, unless otherwise provided by law.
Article 225
The creation, alteration, alienation, or extinguishment of the real rights in vessels, aircrafts, motor vehicles, and the like, that have not been registered is not effective against a bona fide third person.
Article 226
Where a right holder is already in possession of a movable property before a real right in the movable property is created or alienated, the real right in the movable property becomes effective at the time when the civil juristic act is effected.
Article 227
Where a third person is in possession of a movable property before a real right in the movable property is created or alienated, the person obligated to deliver the movable property may transfer his right to restitution against the third person as substitute for delivery.
Article 228
Where, upon alienation of a real right in movable property, the parties agree that the transferor continues to be in possession of the movable property, the real right in the movable property becomes effective at the time when such an agreement enters into effect.
Section 3
Other Rules
Article 229
Where a real right is created, altered, alienated, or extinguished as a result of a legal document issued by the people’s court or an arbitration institution, or based on an expropriation decision made by the people’s government, the creation, alteration, alienation, or extinguishment of the real right becomes effective at the time when the legal document or expropriation decision enters into effect.
Article 230
Where a real right is acquired through succession, the real right as inherited becomes effective at the time when the succession opens.
Article 231
Where a real right is created or extinguished as a result of a de facto act such as lawful construction or demolition of a house, the creation or extinguishment of the real right becomes effective when the de facto act is accomplished.
Article 232
Where disposition of a real right in immovable property as provided in this Section is required by law to be registered, the disposition of the real right, if not so registered, is not effective.
Chapter III Protection of Real Rights
Article 233
Where a real right is infringed upon, the right holder may have the problem solved by means of settlement, mediation, arbitration, litigation, and the like.
Article 234
Where a dispute arises over the attribution or contents of a real right, an interested person may request for confirmation of the right.
Article 235
Where an immovable or movable property is possessed by a person not entitled to do so, the right holder may request for restitution.
Article 236
Where there is a nuisance or a potential nuisance against a real right, the right holder may request for removal of the nuisance or elimination of the danger.
Article 237
Where an immovable or movable property is destructed or damaged, the right holder may request for the repair, redoing, replacement, or restoration to the original condition in accordance with law.
Article 238
Where a real right is infringed upon and damage is thus caused, the right holder may, in accordance with law, request the infringing person to pay damages or bear other civil liabilities.
Article 239
The forms of real right protection provided in this Chapter may be applied either separately or concurrently according to the circumstances of the infringement of a right.
Part Two Ownership
Chapter IV General Rules
Article 240
An owner is entitled to possess, use, benefit from, and dispose of his own immovable or movable property in accordance with law.
Article 241
An owner of immovable or movable property is entitled to create a right to usufruct and a security interest on his own immovable or movable property. A usufructuary or security interest holder, when exercising their rights, shall not harm the rights and interests of the owner.
Article 242
Where an immovable or movable property is provided by law to be exclusively owned by the State, no organization or individual may acquire ownership of it.
Article 243
For the need of the public interest, the collectively-owned land and the houses
and other immovable property of an organization or individual may be expropriated within the scope of authority and pursuant to the procedures provided by law.
In the case of expropriation of collectively-owned land, land compensation fees, resettlement subsidies, and compensation fees for rural villagers’ dwellings and other ground attachments as well as young crops shall be paid in full in a timely manner in accordance with law, and social security premiums of the farmers whose land has been expropriated shall be arranged, their lives secured, and their lawful rights and interests safeguarded.
In the case of expropriation of houses or other immovable property of organizations or individuals, compensation for the expropriation shall be made in accordance with law in order to safeguard the lawful rights and interests of the person whose immovable property has been expropriated. In the case of expropriation of individuals’ dwelling houses, the housing conditions of such individuals shall also be guaranteed.
No organization or individual may embezzle, misappropriate, secretly distribute, intercept, default on the payment of the expropriation compensation fees, or the like.
Article 244
The State provides special protection to cultivated land, strictly restricts the conversion of agricultural land into land used for construction purposes, and controls the overall volume of the land used for construction purposes. Collectively-owned land may not be expropriated exceeding the scope of authority or in violation of the procedures provided by law.
Article 245
An immovable or movable property of an organization or individual may, in response to an emergency such as providing disaster relief and preventing and controlling pandemics, be requisitioned within the scope of authority and pursuant to the procedures provided by law. The requisitioned immovable or movable property shall be returned to the aforementioned organization or individual after use. Where the immovable or movable property of an organization or individual is requisitioned, or where it is destructed, damaged, or lost after being requisitioned, compensation shall be made.
Chapter V
State Ownership, Collective Ownership and Private Ownership
Article 246
Where a property is provided by law to be owned by the State, the property belongs to the State, namely, to the whole people.
The ownership rights over the State-owned property shall be exercised by the State Council on behalf of the State, unless otherwise provided by law.
Article 247
Mineral deposits, waters, and sea areas are owned by the State.
Article 248
Uninhabited islands are owned by the State, and the State Council exercises the ownership rights over the uninhabited islands on behalf of the State.
Article 249
Urban land is owned by the State. Land in rural and urban suburbs that is provided by law to be owned by the State is owned by the State.
Article 250
Natural resources, such as forests, mountain ridges, grasslands, unreclaimed lands, and mudflats, other than those provided by law to be collectively-owned, are owned by the State．
Article 251
The wild animal and plant resources that are provided by law to be owned by the State are owned by the State.
Article 252
Radio-frequency spectrum resources are owned by the State.
Article 253
The cultural relics that are provided by law to be owned by the State are owned by the State.
Article 254
The assets for national defense are owned by the State.
Infrastructures such as railways, roads, electric power facilities, telecommunication facilities, as well as oil and gas pipelines that are provided by law to be owned by the State are owned by the State.
Article 255
A State organ has the right to possess and use the immovable and movable property directly under its control and to dispose of such property in accordance with law and the relevant regulations made by the State Council.
Article 256
A public institution established by the State has the right to possess and use the immovable and movable property directly under its control, and to benefit from and dispose of such property in accordance with law and the relevant regulations made by the State Council.
Article 257
With respect to enterprises invested by the State, the State Council and the local people’s governments shall, on behalf of the State, perform the investor’s duties and enjoy the investor’s rights and interests respectively in accordance with laws and administrative regulations.
Article 258
The State-owned property is protected by law, and no organization or individual may misappropriate, loot, secretly distribute, intercept, or destroy such property.
Article 259
Institutions and their staff with the duties of administration and supervision over the State-owned property shall strengthen the administration and supervision of the State-owned property in accordance with law, strive to preserve and increase the value of such property and prevent any loss thereof; they shall assume legal liabilities in accordance with law if losses are caused to the State-owned property as a result of their abuse of powers or dereliction of duties.
A person, who causes losses to the State-owned property by transferring it at low prices, secretly distributing it in conspiracy with other persons, creating a security interest on it without authorization, or by other means in the course of enterprise restructuring, merger or division, affiliated transactions, and the like, in violation of the provisions on the administration of the State-owned property, shall bear legal liability in accordance with law.
Article 260
The collectively-owned immovable and movable property include:
(1) the land, forests, mountain ridges, grasslands, unreclaimed land and mudflats that are provided by law to be owned by collectives;
(2) the buildings, production facilities, and farmland water conservancy facilities that are owned by collectives;
(3) the educational, scientific, cultural, public health, sports, and other facilities that are owned by collectives; and
(4) any other immovable and movable property that are owned by collectives.
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