A Study on Paragraph 1 to 4 of Article 34-1 of Land Act Mutatis Mutandis Appling to Co-Ownership-in-Common

• Main Authors: WANG,CHIN-YEN, 王金燕
• Other Authors: WU, KUANG-PING
• Format: Others
• Language: zh-TW
• Published: 2017
• Online Access: http://ndltd.ncl.edu.tw/handle/37424347077908610957

碩士 === 開南大學 === 人文社會學院法律碩士在職專班 === 105 === Taking into account the interest of the co-owners, the legislative purpose of Article 34-1of the Land Act is to promote the effective use of co-owned property for public interest. This thesis is widely applicable, including in the disposal, changes to, or setting encumbrances of usufructuary rights over land or constructional improvements, the implementation of which has been nearly forty years, and due to the transition in social and economic circumstances . In the current society, the prevailing rule is the principle of maintaining basic order. Its function is to prevent and exclude the arbitrary domination by the minority and absolute dictatorship or autocracy. Paragraph 5 of Article 34-1 of Land Act stated “The provisions of Paragraphs one to four, mutatis mutandis, apply to co-ownership-in-common.” How the co-ownership-in-common applies mutatis mutandis has been rarely addressed in both the theoretical and practical aspects. We may learn some through the discussion of this .