Civil Code: Usufructuary - General Rules


(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 X General Rules
Article 323 The usufructuary of any real or personal property owned by any other person may possess, use, and profit from such property according to law.
Article 324 Without prejudice to the applicable legal provisions, any entity or individual may possess, use, and profit from the natural resources owned by the State, or owned by the State and used by collective entities, or owned by collective entities according to law.
Article 325 The State shall implement the system of use of natural resources for valuable consideration unless otherwise specified by law.
Article 326 The exercise of a usufruct shall not violate the applicable provisions of the law on the protection and rational exploitation and utilization of resources and the protection of the ecological environment. The owner shall not interfere with the usufructuary's exercise of its usufructs.
Article 327 Where a usufruct is extinguished, or its exercise is affected due to the expropriation or requisition of the real or personal property to which the usufruct is attached, the usufructuary shall be entitled to compensation therefor in accordance with Articles 243 and 245 of this Code.
Article 328 The legally obtained right to use sea waters shall be protected by law.
Article 329 The legally obtained rights to exploit or excavate minerals, draw water, or use waters or intertidal zones for aquaculture or fishing shall be protected by law.

Practising lawyers

Robert Zhang

An international lawyer registered in Shanghai, China. Master's degreePublish…

Steve Li

An international lawyer registered in Shanghai, China. Master's degreePublish…

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We are a group of China local lawyers from a few law firms
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