Abstract
An effective judgment in a mining right transfer dispute that the transferor shall complete the mining right transfer procedures for the transferee, as stipulated in the contract, does not mean that the legal effect of an actual transfer of mining rights will inevitably be affected through such an enforcement process.
Enforcement Supervision Collegial Bench: Jinlong Huang, Shaoyang Liu and Yan Zhu
Edited by Yi Yang; translated by Zuoyong Liu
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Notes
- 1.
Article 502 of the Civil Code provides that, “(a) lawfully established contract shall become effective upon its establishment unless otherwise provided by law or agreed by the parties. Where a contract may become effective only after the completion of approval and registration procedures according to the provisions of laws and administrative regulations, such provisions shall apply. The failure to be effective due to having not completed the required approval procedures does not affect the validity of the stipulations on the obligation of applying for such approval and related stipulations in the said contract, and the affected party may hold the obligatory party having failed to fulfill its obligation of applying for such approval liable for the breach of such obligation. Where approval and registration procedures are required for the change, assignment or termination of a contract according to the provisions of laws and administrative regulations, the preceding provision shall apply.”
- 2.
According to the institutional reform of the State Council in 2018, relevant fuctions and responsibilities of the Ministry of Land and Resources have been exercised by the Ministry of Natural Resources.
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Huang, J. (2022). Yu X v. Xilin Gol League Longxing Mining Co., Ltd.. In: Selected Cases from the Supreme People’s Court of the People’s Republic of China. Library of Selected Cases from the Chinese Court. Springer, Singapore. https://doi.org/10.1007/978-981-16-8410-4_29
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DOI: https://doi.org/10.1007/978-981-16-8410-4_29
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