Key Benefits:
(Act No. 120 of the People's Government Order No. 120 of 23 January 2007 in Myungi Province, effective 1 March 2007) Article 1, in order to regulate property transactions, promote the orderly transfer of property rights, promote the development of the property market, preserve the rights and interests of the subject matter of the transaction, develop this approach in the light of the relevant legislation. Article 2 The law, legislation and regulations provide otherwise, from their provisions. Article III refers to property rights as described in this approach to property ownership and property rights relating to the ownership of property, such as property rights, claims, equity and intellectual property. This approach refers to property transactions that are legitimately owned by the property owner and that are transferred through the property rights trading body. Specifically include: (i) The transfer of property rights from non-commercial enterprises; (ii) Transfer of property (unit) rights in corporate enterprises; (iii) Transfer of tangible assets, intangible assets and property rights in enterprises; (iv) Transfer of State-owned assets in administrative units; (v) Transfer of intellectual property, such as scientific results, patent technology; (vi) Laws, regulations stipulate that other operations to be carried out publicly by the property rights trading agencies. The parent company's equity transaction is implemented in accordance with the relevant national provisions. Article 4 deals with property rights should be guided by the principles of equality of voluntary, genuine credit and openness, equity and justice. Article 5 Management and coordination of property transactions in this province is specifically responsible for the management of property transactions established by the Government of the province (hereinafter referred to as the property transaction management). Other relevant sectors, in line with their respective responsibilities, cooperate with the property transaction management in the management of property transactions. Article 6. The property transaction body is a legal person who, with the approval of the Provincial People's Government, is not a profitable purpose for the provision of premises, information and services for the property transaction. WIPO should have sound institutional constitutions, rules of transactions. The property transaction agency may establish branches according to the need. Article 7. State property transactions shall be carried out publicly by property rights trading agencies and encourage and direct other property rights to enter transactions by property trading agencies. Article 8. The transfer party refers to the legitimate holder of the transfermark and the licensee refers to the buyer of the transfermark. The subject matter of the property transaction should be citizens, legal persons or other organizations that have full civil conduct capacity to independently assume civil responsibility. The right to property transferred should be clear. The right is not clear or disputed property rights may not be transferred. The transfer of property subject to security rights should be consistent with the relevant provisions of the State. Article 10. The subject matter of the property transaction shall make real, complete and effective requests for transactions and other relevant information to the property transaction body. The property transaction agency conducts registration procedures for the subject matter of the property transaction in line with the preceding paragraph. Article 11. The transferor shall entrust the property rights project information to the property transaction body and make public disclosures on the WIPO website and other media, in accordance with the relevant provisions. The property trading agencies should carry out the project through a variety of ways. Article 12. The property transaction may take the form of an agreement transfer, auction, solicitation and electronic competition. The transfer of property shall be entered into by law upon the conclusion of a transfer agreement between the parties to the property rights transaction. The property transaction agency has given a title transaction certificate for a legitimate and effective property transfer contract. Article 14. Article 15. Disputes arising in the course of the property transaction may apply for conciliation to the property transaction agency or the property transaction management; may also apply for arbitration in accordance with the contract agreement; and there is no agreement that arbitration may be brought before the People's Court. Article 16 contains one of the following cases, and does not participate in the transaction: (i) The qualifications of a legal or other organization to be restricted or lost; (ii) There is no civil capacity to conduct or to limit the capacity of civil conduct; (iii) The case of the judiciary has not been closed; (iv) Non-participatory participation in other cases of property transaction shall be prohibited by law. Article 17 arises in one of the following cases: (i) The dispute between third parties and the transferee of the concessional property; (ii) In the event of force majeure, the transaction activity could not be carried out temporarily; (iii) Other cases of property transaction should be suspended by law. Article 18, in one of the following cases, shall terminate the transaction: (i) After six months after the suspension of the property transaction activity, no application for an extension of the duration of the suspension or a request for recovery of the transaction; (ii) The natural loss of property due to force majeure; (iii) A transferor or a concessional title transaction agency for a termination of the transaction application, a review by the property transaction agency of no objection, with the consent of the property transfer approval body; (iv) Other cases of property transaction should be terminated by law. Article 19 (i) State property transactions outside the property trading body; (ii) To manipulate a property transaction agency or disrupt a property transaction order; (iii) Obstacles the fair transaction of the transferee and the lender; (iv) Other acts of property transaction are prohibited by law. Article 20 deals with property transactions carried out by the property transaction management against the property transaction bodies and the parties to the transaction in violation of the provisions, with case surveys and confirmation of the invalidity of the transaction, the property transaction agency may be responsible for reclaiming the licensee. The withdrawal of a property transaction certificate renders the property transaction null and void and causes losses, and is subject to the corresponding liability of a violation of the established property transaction body, the transferee, the dispersion or the related intermediary. Article 21, in the context of the transfer of corporate national property rights, the transferee, the enterprise and the licensor of the transfer of the mark violate the relevant provisions of the State property transfer, the State-owned asset regulatory body or the relevant national property transfer authority shall require the transferor to terminate the transfer of property, and, if necessary, to bring proceedings before the People's Court in accordance with the law, to confirm the invalidity of the transfer and to deal with the relevant provisions of the State. Article 22, the property transaction body and its staff are misleading, intrusive in the property transaction, which undermines the interests of the State or the legitimate interests of the parties in the transaction and hold administrative responsibilities for the directly responsible person in accordance with the law, and is suspected to be transferred to the judiciary. Article 23 of this approach is implemented effective 1 March 2007. The Government of the Provincial People's Government issued a provisional approach to the management of property rights in the Province of Sihan Province on 6 September 1998 and the Interim Approach to Technical Property Exchange in the Province of the Province, issued on 12 March 2001. |
