Usucapio Research and Analysis of Real Estate Ownership
| Autor: | HSIEH, LI-CHING, 謝麗卿 |
|---|---|
| Rok vydání: | 2017 |
| Druh dokumentu: | 學位論文 ; thesis |
| Popis: | 105 The system of real estate ownership acquired with prescription is derived from Roman law era and was included in the Civil Code of the Republic of China in 1929. Since the system has been set up in the Roman law era to cope with problems at that time for more than two thousand years, it has long evolved with continual amendments to solve the problem with the times. On the other hand, since the establishment of the system of real property ownership in China, the system has proved to be ineffective after 88 years of enactment of civil law. However, the rights of the occupants and the rights of the original right holders have inevitably led to disputes and litigation. There looms an uneasiness beneath the appearance of social order like a detonator. Publicized registration system has been completed for the property rights of real estate in the Republic of China. Most people know about the access to related information of property rights at the local authorities of land administration and there is no problem for security of land transactions, even for the unregistered lands. According to the provisions of the Land Law and the Law of State-owned Property, it is clear that the unregistered lands should be regarded as the state-owned lands. Therefore, most occupants can easily determine that the unregistered land which they occupied should be registered at the Land Administration Bureau through the State-owned Property Department for the first time, and, then, they will apply to the State-owned Property Department after registration for lease or purchase of the land. However, under the current system of real estate ownership acquired with prescription the occupants may obtain the ownership of the land for free, with no need to pay taxes or royalties for the occupation period. As a result, some occupants would take advantage of the system and try to obtain the real estate by encroachment or theft, which leads to obstruction of social and economic justice. This paper seeks to explore the feasibility of abolition of the system from various angles. In practice, those who apply for prescription to obtain ownership of real estate are required to enter the process of objection mediation and litigation procedures, and a large number of original land reclaim farmers would join in applying for land ownership, and each mediation would only invite continuing protests and finally result in total failure. Paradoxically, the farmers do not really want to fight for registration of ownership of land and get involved in lawsuits; they would rather stagnate in the mediation stage and continue to occupy the land for free. It is becoming increasingly difficult to ignore the fact that, in practice, the system of ownership of real estate acquired with prescription has created pressure enough for the land administrators, and the abolition of the system would only serve to eliminate the existing worries and drawbacks. In conclusion, it is high time for the Government to address this issue with a new policy of more justifiable thoughts and efficient methods. |
| Databáze: | Networked Digital Library of Theses & Dissertations |
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