不動產登記效力之研究

• Main Author: 湯文章
• Other Authors: 謝哲勝
• Format: Others
• Language: zh-TW
• Published: 2018
• Online Access: http://ndltd.ncl.edu.tw/handle/c796tc

博士 === 國立中正大學 === 法律系研究所 === 106 === This thesis mainly describes the relationship between real estate registration system and property protection. Pursuant to article 15 of the Constitution, “the right of property shall be guaranteed to the people.” The real estate is property, which therefore shall be guaranteed, too. The rights in rem, which directly dominate things, feature in priority and exclusiveness. Based on these features, the safety of trade cannot be guaranteed and it might lead to endless disputes if the creation, alternation and loss of rights in rem are unknown from externality. Hence, the changes of rights in rem need external representation to make people be aware of and believe in. If the representation of changes of rights in rem of real property is registration system, it shall be used with deeds registration system and registration antagonism, which is the most efficient way to protect real estate property. The current Part of Rights in Rem of Civil Code and Land Act take rights registration system and registration effectiveness and publicize real estate register, which is endowed with publicity, presumption and credibility. However, the effectiveness disputes of the acquirement, alternation, limitation and loss of rights in rem of real property differs in different types of registrations. The purpose of real estate registration is to protect safety of trade. But after the general registration, any change of rights shall be duly registered, which might lead to the situation that registration rights status does not match to the real rights owner. Because the current registry practice takes rights registration system and substantive examination principle, rights shall be endowed only after substantive examining. Nevertheless, it actually goes with formality examination of written papers. If the error in registration is caused by error in examination, the competent Land Office shall be liable to pay compensation. If the said damage is a result of gross negligence of the registration officer, the Land Office shall ask for pay back from the registration officer, which is unreasonable and has the necessity to be revised.