The Research On General Superficies─Focused On The New Law Amendment

• Main Authors: Huang Zhen You, 黃震祐
• Other Authors: Chen Jie Shan
• Format: Others
• Language: zh-TW
• Published: 2012
• Online Access: http://ndltd.ncl.edu.tw/handle/92671104645436537470

碩士 === 嶺東科技大學 === 財經法律研究所 === 100 === “Law modernized” has been the main program of policy execution for our Ministry of Justice in recent years. Chapter of property in civil law is the law to regulate the order of property ownership. It is at a key position for nation’s economic development. Therefore, the law must conform to social structure, economic style and people’s living concept so as to promote and set up a complete system of civil law. In this way, the law can also meet the developing requirement of newest theories and the practice, and reaches an ideal of “making the best of everything” and “sustainable use”. Therefore, Ministry of Justice assembled specialists and scholars to organize a special panel to hold meetings to review and amend the chapter of property right in civil law, and also to timely review and amend usufructuary right and occupation right. For amending the superficies, the amending range cannot be regarded as small. Due to quick expansion of world population and population concentration in metropolis, the land surface has become shortage and in a panic demand since long past. This fact results in a vertical development of land ownership and land use after human social life becomes diversified, and the scientific technology has breakthrough and renovation again and again, especially on civil engineering and architecture. Therefore, the amendment of civil law on superficies is divided into general superficies and divided superficies, two types. This article just researches and probes general superficies. Among the four kinds of usufructuary rights in Civil Law, the superficies is the most important because of (1) The collateral of superficies has the most register caseloads, and (2) The superficies is a typical right of usufructuary. Some of these rights are applicable to the agricultural right (Article 850-9), the servitude of real property (Article 859-1 and 859-2) and the dian (Paragraph 3 of Article 924-2 and Paragraph 2 of Article 927). It is thus evident that the importance of the superficies is different from other three kinds of usufructuary rights. The research purpose of this essay was to probe if the regulations associated with the superficies were proper and answered people’s anticipation after amendment. History, logic and comparative jurisprudence were employed, and incorporated with illustrations. Then, several probes into the problems, which appeared after enforcing the new regulations, were made. The main purpose was to give some suggestions on the incompleteness or the neglect associated with the present new regulation of superficies, and to hope that the general superficies would be more perfect after future law amendment.