The Research on the Co-construction Repo Contract A Case Study of Taiwan Sugar Corporation

• Main Authors: SHEN CHING YAO, 沈經堯
• Other Authors: 羅承宗博士
• Format: Others
• Language: zh-TW
• Published: 104
• Online Access: http://ndltd.ncl.edu.tw/handle/d3fmuy

碩士 === 南臺科技大學 === 財經法律研究所 === 103 === In urban finest area or old community, land acquisition often becomes the prime problem of urban redevelopment. Therefore,construction company uses co-construction and deals with landowners to redevelop in these areas. The appearance of co-construction development has existed for a long time, in the real estate development, holds the quite important position, .and this type of contract was developed natively and widely. How to value co-construction in the law, must be followed by the understanding of the co-construction behavior, realizes how the assignment of rights and obligations for both two litigants was set up. Only so do we know how to analyze the true law meaning of the legal acts of the co-construction. During the process of co-construction facts, the most important factor is co-construction distribution dealed complicated. After co-construction the contractual relationship was formed, host of the litigant pays the duty, from paying the voluntary, the slight defect obligation of warranty, the department how to assign is also the key point. And co-construction in the practice is nothing better than co-construction of legal nature the contract, this article synthesis theory and the practice, and from co-construction in the behavior stage to observe, determined that the co-construction contract in the civil law was the non-typical contract, and was the mixed treaty of both exchanging( Sale) and contracting typical contracts. The main qualitative purpose lies in co-construction when in the process has the dispute, how the applicable legislation, mainly to simultaneously fulfill contradicts slight defect of guarantee the transitive. In addition, co-construction during the process, still had other major issues, such as the Legal Liabilty of The proprietor of a building, Warranty Against Defects of Thing and Deficient Performance of a Contract of Sale or Construction, supplierjoint-and-several guarantee suppliers’ rights and obligations and performance bond and so on. also for co-construction in common question. Above the synthesis in co-construction in the practice to give rise to the problem, how the both parties should further guarantee each other right and the duty, and could avoid the risk reducing the social cost, is this article to co-construction the final conclusion.