Domestizierung des chinesischen Sachenrechts – Anmerkungen zu den „Erläuterungen des OVG zu einigen Fragen der Anwendung des ‚Sachenrechtsgesetzes der VR China‘ (Teil eins)“

Abstract

Domestic Adaptation of Chinese Property Law – Comment on “Interpretation I of the Supreme People's Court on Several Issues concerning the Application of the Property Law of the People's Republic of China”

The article deals with “Interpretation I of the Supreme People’s Court on Several Issues concerning the Application of the Property Law of the People's Republic of China” (PL-Interpretation), which addresses several fundamental questions of Chinese property law. The author offers examples and background information on the disputes in literature and legal practice that led to the respective rules contained in the PL-Interpretation, and in so doing she significantly helps to clarify their regulative aim and scope of application. In general, the author views the Interpretation’s provisions as an important tool for bringing the black letter rules, on the one hand, and the expectations of parties or judges, on the other hand, closer together. For immovables, however, she criticises the trend of weakening the land register’s publicity function and points out how this may negatively affect legal certainty in the real estate market.