| Summary: | 碩士 === 東吳大學 === 法律學系 === 106 === The dispute over the property rights of condominium in the basement has been in existence for a long time, but it has not been able to effectively resolve the dispute. The reason is that the early legislation on the condominium in Taiwan was slow, and it was only based on Articles 799 and 800 of the Civil Law. However, it was not enough to solve the complicated legal and registration problems only relying on administrative orders without an exclusive law. Sometimes the dispute is even based on two widely differing interpretations of the law. It is the main reason for the frequent turmoil and disputes over property rights, the legality and constitutionality of executive orders and interpretations were also questioned. Although the Condominium Administration Act were enacted in 1995, and the Civil Law were amended in 2009, it was still unable to resolve the disputes over property rights that would affect the basement of buildings across three different periods.
It is the purpose of this thesis to analyze the above questions, through survey on the books, references, laws, legal orders, judgement, and court decisions. The paper is divided into five chapters based on the development of the Civil Law and the Condominium Administration Act and introduce the law and types of basement. It firstly will review the theory of condominium ownership and analyze the legal status of different components of it. From the aspects of the development of laws, regulations and the property registration system, the basic principles of condominium ownership are also discussed, and the definitions, requirements and scope of the individual unit and common elements are defined. Then, based on the general situation of the use of the basement and the ownership identification point of view, try to analyze several controversial registration issues on the law, court judgment, and interpretations by government administrative department to suggest a better way to improve our registration system. In the concluding part, this paper will provide a systematic analysis with suggestions of legal reforms and amendments of the Act, to facilitate the resolution of future disputes.
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