Interpretation of the Applicable Law in Hearing Cases Concerning Contractual Disputes over State-owned Land Use Rights

July 02, 2005 | BY

clpstaff &clp articles

As China's property market continues to advance, the shift from a state-centric to a market-orientated land transaction system has predictably given rise to numerous disputes. These latest Interpretations issued by the Supreme People's Court clarify the handling of disputes regarding state-owned land use rights, thereby furthering reform of the system.

By Edward E. Lehman, Gregory M. Sy and John Lee, Lehman, Lee & Xu, Beijing

The Supreme People's Court's Issues Concerning the Application of the Law in Trials of State-owned Leasehold Contract Disputes Interpretations (关于审理涉及国有土地使用权合同纠纷案件适用法律问题的解释)(the Interpretations), which becomes effective on August 1 2005, was adopted at the 1,334th Session of the Adjudication Committee of the Supreme People's Court on November 23 2004 and promulgated on June 18 2005. The promulgation of these Interpretations has aroused great interest among the real estate industry and the following sets out some preliminary comments on the matter.

BACKGROUND

This premium content is reserved for
China Law & Practice Subscribers.

  • A database of over 3,000 essential documents including key PRC legislation translated into English
  • A choice of newsletters to alert you to changes affecting your business including sector specific updates
  • Premium access to the mobile optimized site for timely analysis that guides you through China's ever-changing business environment
For enterprise-wide or corporate enquiries, please contact our experienced Sales Professionals at +44 (0)203 868 7546 or [email protected]