A study of real estate trust registration in Taiwan

• Main Authors: Lien-Ching Hsu, 許連景
• Other Authors: Sai-Ying Ye
• Format: Others
• Language: zh-TW
• Published: 2011
• Online Access: http://ndltd.ncl.edu.tw/handle/30645892460854696362

碩士 === 中原大學 === 財經法律研究所 === 99 === Abstract Worldwide real estate registration system can be categorized into “System of registration of deeds” and “System of registration of title.” What characteristics of each system have? What are the similarities and differences of both? What are the specialties about Taiwan’s real estate registration system? What registration system should Taiwan’s system be classified as? What is its primary coverage? What does real estate trust registration refer to?This thesis firstly will research on the relevant provisions of land law and land registration regulations. Secondly, we will discuss the major coverage of our current contractual trust code such as the primary term of the trust contract, the purpose of the trust, settler (trustor)，trustee，beneficiary，remainderman， protector， the characteristics of trust property, modification of the trust’s subject and object, termination of trust and so on. Moreover, if the trust property is real estate, how does trust code’s major coverage mentioned above relate to the real estate trust registration?For example, to reflect a contractual trust in the real estate registration, what kind of registration is applied in the creation of trust? In order to ensure the purpose of the trust to be achieved, why trust property should be separated from the trustee personal property?In addition, because of the independence of trust property, to secure the transaction safety, its validity basis relays on publicity method. What are the publicity methods for the real estate?What kind of registration is applied according to the trust law, Article 1? What kind of registration is applied according to the trust law, Article 4, paragraph 1? And what is its legal effect? Is the effect the same as transfer or creation registration in Article 1?Does land law list any regulations? How does land office register trust registration currently? What kind of trust registration should be applied when the subject and object of trust is modified in the duration of trust? How do we dispose trust property and what kind of trust registration should be applied in case of the termination of trust? All of those questions of trust code occurred in the real estate registration are the focus of this thesis as well. Finally, what kind of issues will be happened theoretically and practically when we implement the trust code in the present trust registration system. For example, is the land office has the authority to register trust registration. Should the trust contract have a substantive examination.Should the special trust roll be abolished.This thesis will discuss the other 13 major problems of the real estate trust registration in details and propose opinions to be the reference of improving the real estate trust registration system. I summarize my research work and take a further step to address suggestions regarding the amendments of the relevant laws and regulations and the improvements in the practice.