Civil Code: Possession

 

(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 XX Possession
Article 458 The use of, profit from, or liability for breach relating to, any real or personal property in possession arising from or relating to a contractual relationship, shall be governed by the terms of the contract between the parties or by the applicable provisions of laws and administrative regulations in the absence of an express agreement.
Article 459 In case of damage to or loss of any other person due to malicious use of any real or personal property by its possessor, the possessor shall be held liable for compensation.
Article 460 Where any real or personal property is in possession of any possessor, the obligee may claim restitution of the property and its fruits from the possessor; provided, however, that the obligee shall pay the necessary costs incurred by any bona fide possessor for maintaining the property.
Article 461 In case of damage to or loss of any real or personal property, the possessor shall return the insurance indemnity, damages, or compensation to the obligee of the property upon the obligee's claim for compensation, and any malicious possessor shall also compensate for damage to or loss of the obligee if the obligee is not sufficiently indemnified.
Article 462 The possessor of any real or personal property may claim restitution of the property from any person who usurps the property, request any person whose act impairs its possession of the property to remove the impairment or eliminate the danger, and claim damages against any tortfeasor according to law in case of damage to or loss of the property due to the tortfeasor's usurpation or impairment.
The claim of any possessor for restitution of the usurped property shall be extinguished unless exercised within one year of the date of the usurpation.