| Summary: | 碩士 === 國立臺灣大學 === 法律學研究所 === 103 === The thesis attempts to reconstruct legal status of “De Facto Disposal” of unlawful buildings. First of all, by organizing the opinions of our courts, which consider that unlawful buildings belong to real property and negotiable property, this thesis depicts the holistic image of legal status of “De Facto Disposal”. Second, the thesis analyzes the dispute of theories, whether “De Facto Disposal” conforms to a new property form created by customs or not. The custom here is synonymous with the “customary law” which is defined in Civil Law article 1. Although “Opinio necessitatis” is the key element to transfer a custom into a “customary law”, this element has been substituted by the “precedent” nowadays. This thesis considers that “De Facto Disposal” does not constitute a property form created by the “customary law”. Instead, it should only be granted a limited validity of property right through the method of analogy at most. Finally, in order to decide whether to analogize certain articles, including Civil Law article 425、425-1、426-1、767 and Compulsory Enforcement Act article 15 to “De Facto Disposal” or not, the thesis researches on the legislative purposes of those articles, which are standards of analogy, to make the conclusion.
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