| Summary: | 碩士 === 開南大學 === 人文社會學院公共管理碩士在職專班 === 103 === Study of Legal relations not entitled topossession of the real property
Summary
In Taiwan, some residents will try to live in buildings with the original living space and purpose of use unauthorized increased, in order to obtain a relatively large space, whether the right to use, or no-ownership, coupled with the executivemanagement of some local governments lax, causing "mass effect" phenomenon. In 2009 when the Republic of China, the provisions of the Civil Code is amended to "best use" and "ensure the security" for the purpose, that the amendment to the provisions of the Civil Code Section 796,796-1,796-2, one aspect is the expansion of interpretation, the other aspect is the power of landowners adjacent to reduce abuse,trying to solve increasingly complex "cross-border construction" caused "housetear-down to return land" relationship, seeking to maximize social wealth.
As the cause of no-ownership between buildings and land, analyzed from the government agency for housing and land use, compare facts and legal acts other than legal acts were discussed. In the existing legal provisions to study housing, land no-ownership situation, from prevention, continue to provide rational land use rights,and promote the housing, land ownership in one, thus promoting the maximization of social wealth.
After housing construction by the use of land, on the land before theestablishment of mortgage registration, land use whether to pay the cost of borrowing in different circumstances, the cases are discussed and analyzed. Also on the "Usucapion system" "cross-border construction", etc., produced no-ownership to occupy petitioned house tear-down case studies.
Housing is rely on the land in order to exist, can not exist alone. For the land from the concept of "land ownership" gradually toward” land use rights" trend,therefore, how to protect people's right to use land is increasingly important, but also taking into account the interests of landowners, should become a standard measure between building and the land legal relationship.
Keywords: unjust enrichment, Usucapion, land use rights, cross-border construction.
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