Tags :operational property rights

What Are Operational Property Rights? Operational property rights are widely used in real transactions in China, yet they lack official classification as real rights in the Civil Code. These rights involve the ability to use, benefit from, and dispose of a property—essentially splitting the ownership bundle. They are functionally similar to usufructuary rights, and often include income rights, leasing rights, and disposal rights without requiring ownership. Are They Protected by Law? Yes. While not explicitly listed among the five statutory usufructuary rights (land management rights, construction land use rights, homestead rights, residence rights, easements), Chinese courts have recognized their legal protection. 📚 Case Study:In ICBC Harbin Branch v. Harbin Fulida Public Facilities Co. (Gazette 1998(000)002), the court upheld that leasing...

Like(0)SinoLoanExpert2025-04-22China-US Loans collateraloperational property rightsproperty law Chinareal rightsusufructuary rightsViews()Comment