2 In relation to the Property Law of China:
(a) explain the term ownership; (3 marks)
(b) state the procedural rules for the change of the property rights in immovables; and (3 marks)
(c) state the general rules governing the effectiveness of the creation and assignment of rights in movables.
(4 marks)
(10 marks)

2 This question requires candidates to explain the term ownership, state the forms of public notice for the change of the property
rights in immovables and movables.
(a) In accordance with Article 39 of the Property Law, ownership refers to such rights that a property owner shall have concerning
the right to possess, the right to use, the right to receipt of proceeds from, and the right to dispose of its immovables or
movables.
(b) In accordance with Article 9 of the Property Law, the creation, modification, assignment and/or termination of rights in
immovables shall become effective once duly registered. Property rights shall not take effect without registration, unless
otherwise provided by law. Therefore, any changes to the property rights in immovables require the duly registration according
to laws and administrative regulations. Otherwise, such changes will not become effective.
(c) (i) In accordance with Article 23 of the Property Law, unless otherwise provided by law, the creation and assignment of
rights in movables shall become effective upon delivery.
(ii) In accordance with Article 25 of the Property Law, if an interest holder is in lawful possession of a movable property
prior to the creation and assignment of the property rights therein, the property rights shall become effective when such
legal act takes place.

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