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2 In relation to the Property Law of China:
(a) explain the term ‘right to use the land for construction’;
(b) state the forms to establish the right to use the land for construction;
(c) state the various forms of disposal in relation to the right to use the land for construction by the owner of such a right.
答案:
2 This question requires candidates to explain the term ‘right to use the land for construction’, state various forms to establish such
a right and the various forms of disposal of the right to use the land for construction by a holder of such a right under the Property Law.
(a) In accordance with Article 135 of the Property Law, the ‘right to use the land for construction’ refers to such a right under
which a right holder is entitled to possess, use and seek proceeds from the land owned by the State, and shall be entitled to the construction of buildings, fixtures and their auxiliary facilities by making use of such land.
(b) In accordance with Article 137 of the Property Law, the creation of the right to use the land for construction can be established by forms of transfer or allotment, etc. Any acquisition of the right to use the land for construction for a commercial purpose shall take the form of transfer, such as auction, bid invitation or any other public bidding method.
(c) In accordance with Article 143 of the Property Law, the holder of the right to use the land for construction is entitled to dispose of this right in various ways, such as transfer, exchange, using it as an equity contribution to a company, donation or mortgage, unless the law provides otherwise.
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