问答题
(a) explain the term the confirmation of property; (3 marks)
【正确答案】In accordance with Article 33 of the Property Law, the term the confirmation of property means where any disputes over the ownership or content of property arises, the interested parties may, through appropriate procedures as provided by the law, request relevant government department, court or other independent third party to confirm the owner of the property.
【答案解析】
问答题
(b) state the various measures that can be taken by a holder to protect the property if his property rights are infringed by others; (3 marks)
【正确答案】In accordance with Article 32 of the Property Law, where the property rights of a holder are infringed by others, the holder may request the relevant institutions for the protection of the property rights by means of mediation, arbitration or litigation.
【答案解析】
问答题
(c) distinguish between the confirmation of property and the protection of property in terms of the nature of the dispute; (2 marks)
【正确答案】The nature of disputes is different between the confirmation of property and the protection of property rights. For the former, the ownership of the property is in dispute. The interested party shall resort to the relevant institutes to confirm who shall be the owner of the property. For the latter, the holder has the lawful property rights but the right is infringed by others. Therefore, the holder requests the relevant institutes to protect his property rights.
【答案解析】
问答题
(d) state for what a property holder is entitled to claim if his immovables or movables are possessed by a party without legitimate reason. (2 marks)
【正确答案】In accordance with Article 34 of the Property Law, where the immovables or movables of a holder are possessed by a party without an authority, the holder may claim for the returning of the original property (immovables or movables).