Implied Contract of Separated-management
| Autor: | Chiwei Li, 李智威 |
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| Rok vydání: | 2014 |
| Druh dokumentu: | 學位論文 ; thesis |
| Popis: | 102 Theory of implied contract of separated-management is created by Supreme Court through judgments, who try to solve controversy over the right of private usage of sepecific co-owners by using the said theory. Pure silence of multiple co-owners is deemed an implied expression of intent by the practice, and the practice consider that an implied contract of separated-management is constituted among all the co-owners about the methods of management of the thing held in indivision(Article 820Ⅰof Civil Law). So-called contract of separated-management is a group-agreement among all the co-owners about methods of management of the thing held in indivision, and it is essentially different from contract-in-theory so that the said agreement can not be constituted through implied expression of intent. We consider that Supreme Court assumed excessively the intent of co-owners regardless of protection of property rights of multiple co-owners. According to the recent provisions of Condominium Administration Act Building Administration Division, the builder of a condominium is allowed to register specific unit owners for the right of designated private usages of shared areas such as statutory air raid facilities and statutory open space and statutory parking spaces(Article 58Ⅱ). In addition, changes can not be made to a designated private area which is designed by the builder of a condominium while applying for the building license (Article 56Ⅰ) without the consent of the unit owner using the said designated private area even if the decision is made by the unit owner assembly(Article 33③). Shared areas are co-owned by all the unit owners. Shared areas such as statutory air raid facilities are designed for demands of public welfare and shall not be registed private areas for specific unit owners. We consider that the right of designated private usages of shared areas should be registered by decision of the unit owner assembly instead of the builder of a condominium and those articles referred above should be amended. |
| Databáze: | Networked Digital Library of Theses & Dissertations |
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