Study on the〝Verteilung Beweislast〞problem §39 of〝Clarfication Act〞

• Main Authors: Chen-pei yu, 陳珮瑜
• Other Authors: none
• Format: Others
• Language: zh-TW
• Published: 2010
• Online Access: http://ndltd.ncl.edu.tw/handle/75781867228151014298

碩士 === 逢甲大學 === 土地管理所 === 98 === Originally a temple during the japaness occupation of all land.As has been wound up the transfer have not yet registerd,Or registered by the Japanese government did not enter,Their management and use of proceeds is still.Also due to post-recovery period is not registered in the declaration of the total land,So that the land was registered as a public,Cause discrepancies in the dominium and use rights situation. According to Ministry of the interior,Such land is still more than 45,000 document yet to be resolved.To address public land issues, Republic of china on 21 March 96, Clarfication Act was enacted legislation,Provided for in §39,Contnt details：The right of the main Application and eligibility for grant, The conditions of grant applications, And provides grants for public land means temple,97 years since the implementation on july 1. Because such land is still used for its management of revenue has more than 50 years or more,Grant application documents to be submitted with the Japanese occupation and non-Japanese colonial period,However,part of document can be made part of the recipient can not obtain,Completely by the recipient Beweislast,Based on the viewpoint of long-term survival of protected,And maintenance of the temple of the rights of disadvantaged Groups. Should review the allocation of Verteilung Beweislast appropriateness of. Review methods,First clarify the temple and government agencies can Not obtain proof of ownership can be achievedAllocation of 〝Verteilung Beweislast〞to establish the state-like,And recommended that the Govermment amend the law.When the difficulties of proof,Allocation of Verteilung Beweislast adjustment programs. Proposed allocation Veryeilung Beweislast metfods Basis with Rosenberg Tatbestands verteilungs theorie,Reference to German law 〝Verteilung Beweislast〞for law-related theories that dominate the field as the first priority,And The Council of Grand justices to explain the first 537 applicants bear the burden of third-party obligations,Specific events should be considered special case,Difficult or impossible to be considere special case,Difficult or impossible to prove the fact that,With Beweiser-leichterung,Exempt from the documents during the Japanese Occupation,Adopt alternative documents in Non-urban land for non-public facilities and land use changes ato the documents area.In addition to the party applying for,Beweislastumkehr Bore by the Government,Allocation of 〝Verteilung Beweislast〞to meet the appropriateness of.