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Civil Code: Real Rights (Property) · Yalla China

民法典 物权编 / Civil Code — Real Rights (Property)

Enacted: 2020-05-28 ✅ Effective: 2021-01-01

📝 Overview

This book governs property rights: who owns what, how real estate is registered, long-term land-use rights, and rules on leasing and mortgages, noting that foreigner home-purchase is usually restricted.

This is general information only, not legal advice. For your specific case, consult a licensed lawyer.

📜 The law text / key provisions

Key practical points:
• This book protects ownership and sets out how goods and real estate are transferred and registered.
• In cities the land is state-owned, so what you buy is effectively a long-term right to use the land.
• The typical term for residential land-use is 70 years, with shorter terms for other purposes.
• Real estate is formally recorded in the property register, and registration is the primary proof of the right.
• Other rights can be created over property, such as leases and mortgages to secure a loan.
• Foreigner home-purchase is usually restricted, often limited to one home for self-use after a period of residence.
• Rules for foreign buyers vary from city to city, so check the local regulations before buying.
• When renting or buying, confirm the true owner's identity through the real-estate registration certificate.

💬 Practical reading

💬 This is a general reading/opinion for orientation — not the official legal text nor legal advice.
The key thing to understand is that in China you don't own the land but a long-term right to use it — this is normal and doesn't weaken your right to the home itself. Before any rental or purchase, ask to see the real-estate registration certificate to confirm the person you're dealing with is the actual owner. If you're considering buying, know that the rules restrict foreign buyers and vary greatly between cities, so check with a trusted agency or the local housing bureau first. Don't pay large sums before everything is documented in writing. This is general orientation, not formal legal advice.

🚔 Illustrative example / related case

Illustrative, general educational examples — not real specific facts and not legal advice; for awareness only. For an actual situation, consult a licensed lawyer.
A Deposit Comes Back with Contracts, Not Words
The situation: A foreign tenant leaves the flat at the end of the lease, and the landlord refuses to return the deposit citing general 'damage' without specifics or proof, while there was no record of the flat's condition at move-in.

Applicable law: The Civil Code governs lease contracts and binds both parties to what they agreed, allowing mediation or the courts to recover sums owed when one side breaches.

Typical outcome: With a written contract, photos and receipts, the matter tends toward full return of the deposit or deduction of genuine damage only; without evidence the tenant struggles to recover the money.
🎓 The lesson / takeaway: Lesson: Protect yourself from the start with a clear written lease, take photos and video of the flat's condition on move-in day, and keep the deposit payment receipts. In a dispute, rely on the contract and demand the damage be specified and proven, then use mediation or the relevant authorities. Evidence, not arguing, is what gets your money back.
Read the full case →
📎 Official source National People's Congress / npc.gov.cn

🕒 Updated: 16 March 2026

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