A Study on the Legal Relationship of Incorrect Auction

• Main Authors: Pin-song Lin, 林炳松
• Other Authors: Guan-yu Zheng
• Format: Others
• Language: zh-TW
• Published: 2011
• Online Access: http://ndltd.ncl.edu.tw/handle/42390739624494895635

碩士 === 東吳大學 === 法律學系 === 99 === The third person in bona fide could be otherwise entitled to enjoy its right acquired from transaction, under the rule of bona fide acquisition of ownership, which is designated to ascertain transaction security. Nevertheless, other than the institute of bona fide acquisition of ownership, Taiwan’s Civil Code provides that the effect of nullification or rescission, to the manifestation of will made either by sham transaction or by fraudulent misrepresentation, shall not prejudice the interest of the third person in good faith, so that it could facilitate the security of transaction. On the other hand, courts shall apply the provision of sham transaction analogically to the manifestation made to a person who is aware of the reservation, without prejudice the third person in good faith. As a result, the effect brought by this proviso to the acquisition of ownership is significant. All of the provisions concerning “not to prejudice the third person in good faith” come into overlapping with the legislative purpose underlying the institute of bona fide acquisition of ownership: in addition, they are contradictory to each other.