Glossary of property law

Glossary of property law

 

Property RightIt refers to the right of a natural person or legal person to directly control real estate or movable property, including the right of ownership, the right of interest in use, and the right of guarantee. Real estate refers to land, buildings, and other land attachments; movable property refers to things other than real estate. Formulating property law is of great significance to clarify the ownership of things, give full play to the utility of things, maintain economic order, and promote socialist modernization.
PublicityThe basis for determining the establishment and change of property rights, such as registration. Property rights publicity aims to allow others to clearly know who is the right holder and safeguard the legitimate rights and interests of the right holder and the person related to the transaction. In addition to proof of evidence on the contrary, the person recorded in the real estate register is the right holder of the real estate, and the owner of the real estate is the right holder of the real estate.
Objection RegistrationIt refers to the registration of stakeholders who have put forward different opinions on the correctness of the rights subject and content in the real estate register. The purpose of objection registration is to restrict the rights of the right holders in the real estate register, so as to safeguard the rights of the stakeholders who raise the objection registration.
Advance registrationWhen the parties agree to purchase or sell a real estate house or transfer other real estate property rights, in order to restrict the debtor's punishment of the real estate and ensure that the creditor will obtain the property right in the future, the registration is made. For example, in the pre-sale of commercial housing, buyers can pre-register the houses that have not yet been built to restrict the developers from re-selling or mortgaging the houses that have already been sold.
Differentiated ownership of buildingsWith the commercialization of residential buildings, buildings develop into multi-storey and high-rise buildings. A tall building is usually owned by many residents. This phenomenon is that buildings are differentiated from each other. Differentiated ownership of buildings includes the ownership of the residents of high-rise buildings for their residential and other proprietary parts, and the shared and common management rights to the public departments such as elevators and aisles.
Adjacent RelationshipIt refers to the relationship of rights and obligations between two or more real estate owners or users that are adjacent to each other in accordance with laws and regulations due to traffic, lighting, ventilation, and other requirements.
TotalTwo or more natural persons or legal persons share the same ownership of one property. A co-occurrence relationship may occur in accordance with laws or provisions of the contract. According to the General Principles of the Civil Law, there are two types of common and common.
Good Faith AcquisitionA legal system established to protect normal transactions. For example, if a sells a borrowed bicycle to B as a bicycle, B does not know that B borrowed the bicycle. At this time, B is a good buyer. It constitutes a good faith acquisition and must comply with various conditions stipulated by law.
FruitsFruits are divided into natural fruits and statutory fruits. Natural breeding refers to the benefits obtained from the natural properties of things, such as the fruits of fruit trees and young animals of mother animals. Statutory fruits refer to the benefits obtained due to legal relationships, such as the rent collected by the lessor in accordance with the lease contract and the interest obtained by the lender in accordance with the loan contract.
BenefitsIt refers to the right to possess, use, and benefit all the real estate of others within the scope prescribed by law. This includes the contractual management right, the right to use construction land, and the right to use homestead.
Construction Land Use RightA type of property rights. The right to build and operate buildings, structures, and ancillary facilities on the land in possession, use, and income of all the land of the country.
EasementA type of property rights. It refers to the right to sign a contract to use the real estate of another person to improve the real estate efficiency for traffic, water intake, drainage and other needs. For example, the original East Gate of plant A can be used to access and use the road of plant B to open the west gate. Factory A and factory B agreed that factory a should pay the usage fee to factory B, and factory B should allow the personnel of Factory A to pass through. At this time, plant a achieved the "easystole ".
Security rightThe debtor or a third party shall use all the property of the debtor as a guarantee for the performance of the debt during civil activities such as lending and sales. When the debtor fails to perform the debt, the creditor's right to receive priority in respect of the property in accordance with the procedures prescribed by law. The security interest includes the mortgage, pledge, and Lien.
MortgageThe debtor or a third party shall not transfer the possession of the property and use the property as a guarantee for creditor's rights. When the debtor fails to perform the debt, the creditor shall first receive compensation for the property in accordance with the procedures prescribed by law. The debtor or the third party is the mortgagor, the creditor is the mortgagee, and the property that provides the guarantee is the mortgaged property. If someone applies for a loan from a bank and uses his house as collateral, the bank is the mortgagee.
PledgeIt can be divided into the real estate pledge and the right pledge. The pledge of movable property means that the debtor or third party transfers the movable property to the creditor for possession and uses the movable property as the guarantee for creditor's rights. When the debtor fails to perform the debt, the creditor's right to enjoy preferential compensation for the movable property in accordance with the procedures prescribed by law. The debtor or third party is the pledgee, the creditor is the pledgee, And the transferred movable property is the pledged property. The pledgee can also issue the property rights such as the Equity, warehouse receipt, and bill of lading that can be transferred as stipulated by law. The pledgee is referred to as the right pledge.
LienWhen the debtor fails to perform the debt, the creditor suspends the movable property of the debtor that has been legally possessed and gives priority to the right to be compensated in accordance with the procedures prescribed by law. If the customer does not pay the clothing processing time to the tailor shop, the tailor can keep the processed clothing and return the garment after the customer pays the processing fee.
PossessionThe actual control of real estate or movable property by the owner. The owner may have the right to possess real estate or movable property in accordance with law. For example, the owner shall possess the lease property delivered by the other Party during the lease term under the lease contract. The owner may not possess the real estate or movable property of others. If you borrow an item from another person, it will not expire. The owner does not know that he or she has no right to possess it. He or she knows that he or she has no right to possess it.