| Summary: | 碩士 === 輔仁大學 === 法律學系 === 104 === This thesis attempts to explore the civil law issues of unlawful buildings. Unlawful buildings are regarded as the city's tumor. However, along with history, culture, policy and other factors, there are still a large number of unlawful buildings in Taiwan. In order to deal with the civil law issues caused by unlawful buildings, the Supreme Court of Taiwan has established the concept of " De Facto Disposal".
The definition of "De Facto Disposal" has be discussed and developed in theoretical and practical ways for decades, including principle and as a type of property rights created by customary law and the definition and connotation, as well as the civil law provides for claim for detinue, lease, loan for use, preemptive right, torts, declaratory judgment compulsory, execution proceedings of third person. While "De Facto Disposal" contains strong local characteristics of Taiwan society, it is worth reconstruction and further induction.
Although there are different interpretations of unlawful buildings in academics, the fundamental acknowledgement is that unlawful buildings should belong to real and negotiable property. Generally, changing property rights requires publicity method. Since unlawful buildings has its own particular background, both theoretical and practical sides have different opinions on whether unlawful buildings should go through publicity method or not. Moreover, if publicity method is needed, by what ways should it be implemented? In this respect, theoretical induction may provide some references. By analyzing practical cases with theoretical views, this thesis is in attempt to put forward the views on whether "de facto disposal" can be recognized as a type of property rights according to customary law and its publicity methods. Also, the thesis will conclude with some advices for laws of unlawful buildings in Taiwan nowadays.
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