to stop the infringing act, terminate the danger, remove the impediments and make compensation for the losses. Where any owner's legitimate rights and interests are infringed upon, he/she may lodge an action to the people's court in accordance with law.
Chapter VII Neighboring Relationship
Article 84 A neighboring right holder of a realty shall, in accordance with the principles of facilitating production and livelihood, solidarity and mutual aid, as well as fairness and equity, handle the neighboring relationship in a correct manner.
Article 85 In case there exists any legal provision on the disposal of neighboring relationship, such provision shall apply; in the case of no such provision,, the neighboring relationship shall be disposed of in light of the local customs.
Article 86 The holder of a realty shall provide necessary convenience for the neighboring right holders in terms of the use of water and drainage. As regards the utilization of natural running water, the neighboring right holders of a realty shall rationally distribute it. The natural current direction shall be respected when draining natural running water.
Article 87 Necessary conveniences shall be provided by the right holder of a realty where a neighboring right holder has to use his land by virtue of passage or for any other reason.
Article 88 In case the right holder of a realty has to use a neighboring land or building by virtue of the construction or repairing of a building, or the laying of wires, cables, water pipes, heating pipelines or fuel gas pipelines, etc, necessary convenience shall be provided by the right holder of such land or building.
Article 89 When constructing a building, no entity or individual may block the ventilation, lighting or sunshine of any neighboring building with violation of the relevant engineering construction standards of the state.
Article 90 No holder of realty may discard solid wastes or discharge such harmful substances as atmospheric pollutants, water pollutants, noise, light and magnetic radiation with violation of the related provisions of the state.
Article 91 The right holder of the realty may not, when excavating a land, constructing a building, laying a pipeline or installing an equipment, endanger the safety of any neighboring realty.
Article 92 Where the right holder of a realty has to use a neighboring realty by virtue of using water, drainage, passage or laying pipelines, etc, he shall make more efforts to avoid causing any damage to the right holder of the neighboring realty; He shall make corresponding compensations in case any damage is caused.
Chapter VIII Common Ownership
Article 93 A realty or chattel may be commonly owned by two or more entities or individuals. Common ownership contains several co-ownership and joint ownership.
Article 94 As regards a commonly owned realty or chattel, a several co-owner shall, on the basis of his proportion, enjoy the ownership of the realty or chattel.
Article 95 As regards a commonly owned realty or chattel, a joint owner shall, on a common basis, enjoy the ownership of the realty or chattel.
Article 96 The co-owners shall manage the commonly owned realty or chattel in accordance with stipulation; in the case of no or unclear stipulation,, all co-owners have the right and obligation of management.
Article 97 As regards the disposal or heavy repair of a commonly owned realty or chattel, unless it is stipulated otherwise by the co-owners, the consent of the several co-owners holding 2/3 shares or all joint owners shall be obtained.
Article 98 As regards the management expenses or any other liabilities of a commonly owned res, in case there exists any stipulation on these, such stipulation shall apply; in the case of no or unclear stipulation, the expenses shall be assumed by the several co-owners in accordance with their respective shares or commonly assumed by all joint owners.
Article 99 Where the co-owners of a commonly owned realty or chattel has stipulated that it is not allowed to partition the realty or chattel so as to maintain the relationship of common ownership, such stipulation shall apply; but where any co-owner has certain significant reasons for partitioning the realty or chattel, he may request the partition; in the case of no or unclear stipulation, a several co-owner may request the partition at any time, and a joint owner may request the partition where the basis for the common ownership disappears or he has certain significant reasons. In case any damage is caused by the partition causes to any other person, the corresponding compensation shall be made.
Article 100 The co-owners of a commonly owned realty or chattel may decide on through negotiation the way of partition. The real object shall be partitioned in case no agreement is achieved and the realty or chattel may be partitioned without impacting its value,;, the partition shall be executed by distributing the purchase price obtained from converting its value into money, the auction or selling off the realty or chattel in case it is difficult to partition it or its value would be affected because of the partition. Where the realty or chattel, which is obtained from the partition of a commonly owned realty or chattel by a co-owner, has any flaw, the other co-owners shall assume the losses together.
Article 101 A several co-owner may alienate his share of the commonly owned realty or chattel. And the other several co-owners have the preemptive right for purchase on an equal footing.
Article 102 As regards an obligee's right or a debt generated from a commonly owned realty or chattel, unless it is otherwise prescribed by any law or the third party is aware of the fact that the co-owner does not have the relationship of joint and several creditor's right or debt, a co-owner shall enjoy joint and several creditor's right or undertake joint and several debt in terms of external relationship. In terms of the internal relationship among the co-owners, unless it is otherwise stipulated by the co-owners, a co-owner shall enjoy the creditor's right or undertake the debt on the basis of his own share, while joint owners shall enjoy the creditor's right or undertake the debt on a common basis. In case any several co-owner overpays his share of the debt, he/she has the right to recover the overpaid amount from the other co-owners.
Article 103 In case the co-owners does not stipulate whether the commonly owned realty or chattel is under several co-ownership or joint ownership, or if the stipulation is unclear, unless there is a family relationship among the co-owners, it shall be considered as a several co-ownership.
Article 104 A several co-owner's share of a commonly owned realty or chattel shall be decided on according to his contribution amount in the case of no or unclear stipulation; each several co-owner shall enjoy an equal share where it is impossible to determine the contribution amount.
Article 105 In case two or more entities or individuals commonly own the usufractuary right or real right for security of a realty or chattel, the provisions in this Chapter shall be applicable by reference.
Chapter IX Special Provisions on Acquiring Ownership
Article 106 In case a person unauthorized to dispose a realty or chattel alienates the realty or chattel to an assignee, the owner is entitled to recover the realty or chattel. The assignee shall obtain the ownership of the realty or chattel if meeting all of the following conditions, unless it is otherwise prescribed by law: (1) to accept the realty or chattel in good faith; (2) to purchase the realty or chattel at a reasonable price; and (3) in case registration is required by law, the alienated realty or chattel shall have been registered, while in case registration is not required, the delivery thereof shall have been accomplished. In case, according to the preceding paragraph, an assignee obtains the ownership of a realty or chattel, the original owner may require the person unauthorized to dispose of the realty or chattel to compensate for his losses. In case a related party obtains any other form of real right in good faith, the preceding two paragraphs shall apply by reference.
Article 107 The owner or any other holder has the right to recover a lost property. In case the lost
property is possessed by any other person through alienation, the owner has the right to require the person unauthorized to dispose of the property to compensate for damages, or, ask the assignee to return the original property within 2 years as of the date when he knows who is the assignee. But in case the assignee purchases the lost property through auction or from a qualified operator, the holder shall, when requiring the returning of the original property, pay the assignee the amount that the assignee has paid for purchasing the property. After paying the amount, the owner has the right to recover the amount from the person unauthorized to dispose of the property.
Article 108 After a bona fide assignee obtains a realty, the original rights on the realty shall be terminated, unless the bona fide assignee has already been or ought to be aware of the right when the transfer is made.
Article 109 A lost-and-found object shall be returned to the right holder. The person finding such object shall inform the right holder to claim the object or hand it over to such related departments as the public security department in time.
Article 110 After receiving a lost-and-found object, the related department shall notify the right holder to claim the object in a timely manner in case it knows who is the right holder; it shall publish an announcement on the claiming of the lost property in a timely manner in case it does not know.
Article 111 The person who finds the object shall properly keep it before it is handed over to the related department, and the related department also shall do so before it is claimed by the right holder. Where the object is injured or lost deliberately or for gross negligence, the personnel concerned shall assume the civil liabilities.
Article 112 The right holder of the object, when obtaining a lost-and-found object, shall pay the person who finds the object or the related department such necessary expenses as the cost for safekeeping the object. Where a right holder promises to offering a reward for finding the object, he shall, when claiming the object, perform the obligation of granting the reward. Where the person who finds the object misappropriates the lost object, he/she shall be deprived of the right to ask for paying the expenses he/she has paid for safekeeping the object or require the holder to perform the obligation as promised.
Article 113 In case a lost-and-found object fails to be claimed within 6 months as of the date when the claiming announcement o is published, it shall be owned by the state.
Article 114 As regards the finding of a drifter or the discovery of an object buried underground or a hidden property, the relevant provisions on the finding of a lost-and-found property shall apply by analogy. Where there is any other provision in such laws as the law concerning the protection of cultural relics, such provisions shall prevail.
Article 115 Unless it is otherwise stipulated by the parties concerned, the accessory res shall be alienated together with the alienation of the principal res.
Article 116 Natural fruits shall be enjoyed by the owner; it shall be obtained by the holder of usufructuary right where there are both owner and holder of usufructuary right. In case there are otherwise stipulations between by the parties concerned, such stipulation shall apply. Statutory fruits shall be obtained by the parties concerned in accordance with stipulations if any; in the case of no or unclear stipulations, it shall be obtained in light of the practices of trading.
Part III Usufructuary Right Chapter X General Rules
Article 117 As regards the realty or chattel owned by someone else, a usufructuary right holder is entitled to possess, use and seek proceeds from it in accordance with law.
Article 118 As regards the natural resources that are owned by the state or that are owned by the state but used by the collective as well as those that are owned by the collective as prescribed by law, an entity or individual may possess, use and seek proceeds from them.
Article 119 Unless it is otherwise prescribed by any law, the state practices the system of paid use of natural resources.
Article 120 When exercising right, a usufructuary right holder shall comply with the provisions on protecting, reasonably exploring and utilizing resources as provided for in the laws. When the usufructuary right holder exercises rights, the owner may not intervene in.
Article 121 Where the usufructuary right is terminated or its exercise is affected for reasons of expropriation or requisition, the usufructuary right holder has the right to obtain corresponding compensations in accordance with Articles 42 and 44 of the present Law.
Article 122 The lawfully obtained right to use sea areas shall be under the protection of law.
Article 123 The mineral prospecting right, the mining right, the water intake right and the right to use water areas or tidal flats for breeding or fishery shall be under the protection of law.
Chapter XI Right to the Contracted Management of Land
Article 124 Such a dual operation system, under which centralized operation and decentralized operation are combined on the basis of household contracted management, shall be practiced by any rural economic organization. As regards the cultivated land, wood land, grassland, and other land for agricultural uses that are owned by farmers' collectives as well as those that are owned by the state and used by farmers' collectives, the system of land contracted management shall be adopted.