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- Title
共有土地處分或設定負擔、 私權爭議與土地登記.
- Authors
陳立夫
- Abstract
According to the provisions of Article 34-1, Paragraph 1 of the Land Act, co-owners may dispose of, or create superficies, or servitude of real property over all the co-owned land by majority. In addition, when co-owners apply this provision of the Land Act and apply to the registration authority for registration of changes in land rights, it is common for co-owners who do not agree with the disposition or the establishment of other rights to raise objections to the registration authority. On the other hand, according to Article 57, Paragraph 1, Subparagraph 3 of the Regulations of the Land Registration, if a land registration application case involves “a dispute between obligee, obligor or the third parties who have interests in the legal relationship relating to the application for registration.” In such circumstances, the registration authority shall state in writing the reasons and legal basis and reject the registration application. Therefore, this article mainly explains the legal opinions of the Supreme Administrative Court when disputes arise regarding the application of the above-mentioned land Act and Regulations of the Land Registration.
- Subjects
PROPERTY rights; ADMINISTRATIVE courts; LEGAL reasoning; STATE power; REAL property; PARAGRAPHS; SERVITUDES
- Publication
Taiwan Law Review, 2024, Issue 344, p183
- ISSN
1025-5931
- Publication type
Article
- DOI
10.53106/1025593134410