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3 - Property Acquisition

Published online by Cambridge University Press:  09 July 2025

Lei Chen
Affiliation:
University of Durham
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Summary

It explores the various methods of property acquisition under Chinese law. The chapter begins by distinguishing between original and derivative acquisition, emphasising the different processes involved in each. It highlights the legal nuances and state ownership implications, particularly in cases involving lost property and unowned estates.

The chapter then delves into the theory and practice of property transfer, discussing the principles governing the transfer of ownership through delivery (for movables) and registration (for immovables). A significant portion is dedicated to the land registration system, detailing its historical development, functions, and the dual registration models (mandatory and voluntary). It addresses the legal mechanisms for ensuring accurate registration, liability for mistakes and fraud, and the processes for rectifying errors. The chapter concludes by analyzing the different methods of delivery, both actual and constructive, and their implications for property rights transfer.

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  • Property Acquisition
  • Lei Chen, University of Durham
  • Book: Property Law in China
  • Online publication: 09 July 2025
  • Chapter DOI: https://doi.org/10.1017/9781009194112.003
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  • Property Acquisition
  • Lei Chen, University of Durham
  • Book: Property Law in China
  • Online publication: 09 July 2025
  • Chapter DOI: https://doi.org/10.1017/9781009194112.003
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • Property Acquisition
  • Lei Chen, University of Durham
  • Book: Property Law in China
  • Online publication: 09 July 2025
  • Chapter DOI: https://doi.org/10.1017/9781009194112.003
Available formats
×