Civil Code: Special Provisions on the Acquisition of Ownership

(These clauses are selected from The Civil Code of the People’s Republic of China translated and authored by Steve Li and Robert Zhang, international arbitration lawyers registered in Shanghai, China, and published by Kindle Unlimited. No reproduction is allowed unless authorized by the authors.)
 
Chapter IX Special Provisions on the Acquisition of Ownership
Article 311 In case of transfer of any real or personal property by a person who is not entitled to dispose of the property, the owner of the property may recover the property from the transferee; provided, however, that the transferee, unless otherwise specified by law, shall be entitled to the ownership of the property if:
(1) the transferee has accepted the transfer in good faith;
(2) the property has been transferred at a reasonable price; and
(3) the transfer has been registered according to law or the property has been delivered to the transferee if registration thereof is not required by law.
Where a transferee acquires the ownership of any real or personal property in accordance with the preceding paragraph, the original owner of the property shall be entitled to claim damages against the transferor who is not entitled to dispose of the property.
The acquisition of other property rights in good faith shall be governed, mutatis mutandis, by the provisions of the preceding two paragraphs.
Article 312 The owner or any other obligee of a lost property shall be entitled to recover such property. Where a lost property has been transferred and delivered to any other person, the obligee of the property shall be entitled to claim damages against the transferor who is not entitled to dispose of the property, or claim restitution of the property from the transferee within 2 years of the date on which the obligee knew or had reason to know the transferee; provided, however, that the obligee shall pay the costs paid by the transferee upon the restitution of the property if the transferee has acquired the lost property through auction or from a qualified seller. Upon the payment of the transferee's costs, the obligee may recover such costs from the transferor who is not entitled to dispose of the property.
Article 313 Where a lost personal property is acquired by a bona fide transferee, the original rights in the personal property shall be extinguished, unless the bona fide transferee knew or had reason to know the existence of such rights at the time of the transfer.
Article 314 A lost property found shall be returned to its obligee. The finder of a lost property shall promptly notify the obligee to claim it, or deliver it to the police or any other competent authority.
Article 315 The competent authority receiving the lost property shall promptly notify the obligee to claim it if the obligee is identified, or promptly issue a public announcement calling on the obligee to claim it if the obligee is not identified.
Article 316 Until the lost property is delivered to the competent authority or claimed, the finder or the competent authority shall safekeep the lost property in its custody with due care. In case of damage to or loss of the property in its custody due to its intention or gross negligence, the finder or the competent authority hall be held civilly liable.
Article 317 An obligee who claims its lost property shall pay the costs of the finder or the competent authority necessary for safekeeping the lost property.
An obligee who has offered a reward for returning the lost property shall pay the reward if the lost property is claimed.
A finder who has usurped the lost property shall not be entitled to recover its costs for safekeeping the lost property or request the obligee to pay the reward offered.
Article 318 The ownership of a lost property shall be vested in the State if it remains unclaimed within one year of the date of the announcement for its claim.
Article 319 Drifting property found or buried or hidden property discovered shall be governed, mutatis mutandis, by the provisions applicable to lost property found, unless otherwise specified by law.
Article 320 Where principal property is transferred, its accessory property, if any, shall be transferred with the principal property unless otherwise agreed by the parties.
Article 321 Natural fruits shall be obtained by the owner or the usufructuary who is not the owner unless otherwise agreed by the parties.
Civil fruits shall be obtained as agreed by the parties or according to the customs of trade between the parties in the absence of an express agreement.
Article 322 The ownership of any things arising from processing, addition, or mixing with any other things shall be vested as agreed or according to law in the absence of an express agreement, or be determined in a manner conducive to maximizing the utility of the property and protecting the innocent parties in the absence of an applicable provision in the law. In case of damage to or loss of a party due to the fault of the other party or the determination of the ownership of such property, the damaged party shall be indemnified or compensated.
Part Three Usufruct