Civil Code (Republic of China)/Part III

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Civil Code (Republic of China)
Republic of China
Rights in Rem

Civil Code Part III Rights In Rem (Republic of China)

  • Promulgated on November 30, 1929
  • Effective from May 5, 1930
  • As amended on January 16, 1995

Chapter I General Provisions[edit]

Article 757
  • No rights in rem shall be created unless otherwise provided by the present Code or by other Acts.
Article 758
  • The acquirement, creation, loss and alternation of rights in rem of real property through the juridical act will not effect until the recordation has been made.
Article 759
  • A person, who has acquired rights in rem of real property by succession, compulsory execution, taking a judgment of the court before recordation, shall not dispose of such rights until recordation has been made.
Article 760
  • The transfer or creation of rights in rem of real property shall be made in writing.
Article 761
  • The transfer of rights in rem of personal property will not effect until the personal property has been delivered. However, if the transferee has been in possession of the personal property, the transfer effects when the parties agree to such transfer.
  • In the transfer of a right in rem of personal property, where the transferor is still in possession of it, a contract causing the transferee to acquire its indirect possession may be made between the parties in the place of its delivery.
  • In the transfer of a right in rem of personal property, where a third party is in possession of it, the transferor may transfer the claim against such third party for the return of it to the transferee in place of its delivery.
Article 762
  • If the ownership of a thing, and any other right in rem of the same thing assigned to one and the same person, such other right in rem of thing is extinguished by merger, except the owner or a third party has a legal advantage in the continuance of such other right in rem.
Article 763
  • If any right in rem other than ownership and any right of said right in rem assigned to one and the same person, such right of right in rem is extinguished by merger.
  • The exception of the provision in the preceding article shall apply mutatis mutandis to the case of the preceding paragraph.
Article 764
  • Unless otherwise provided by the Act, rights in rem are extinguished by waiver.

Chapter II Ownership[edit]

Section 1 - General Provisions[edit]

Article 765
  • The owner of a thing has the right, within the limits of the Acts and regulations, to use it, to profit from it, and to dispose of it freely, and to exclude the interference from others.
Article 766
  • Unless otherwise provided by the Act, the component parts of a thing and the natural profits thereof, belong, even after their separation from the thing, to the owner of the thing.
Article 767
  • The owner of a thing has the right to demand its return from anyone, who possesses it without authority or who seizes it. Where his ownership is interfered, he is entitled to claim the removal of the interference; and where the ownership might be interfered, he is entitled to claim the prevention of such interference.
Article 768
  • A person, who has, with the intent of being an owner, publicly and peacefully possessed another’s personal property for five years, acquires the ownership of such personal property.
Article 769
  • A person who has, with the intent of being an owner, peacefully and continually possessed another’s real property which is not recorded for twenty years, is entitled claim to be recorded as the owner of the said real property.
Article 770
  • A person who has, with the intent of being an owner, peacefully and continually possessed another’s real property which is not recorded for ten years, and was in good faith and of not negligence at the beginning of his possession, is entitled to claim to be recorded as the owner of the said real property.
Article 771
  • Where the possessor has voluntarily stopped his possession or where he has changed his intent of possession to that other than the intent of ownership, or where he has been deprived of such possession by another person, the prescription to acquire the ownership is interrupted, except his possession is restored according to the provisions of Article 949 or 962.
Article 772
  • The provisions of the preceding four articles shall apply mutatis mutandis to the acquisition of rights over property other than ownership.

Section 2 - Ownership of the Real Property[edit]

Article 773
  • Unless otherwise restricted by the Acts and regulations, ownership of land extends to such height and depth above and below the surface of the land within the range advantageous to the exercise of such ownership. Interference from others shall not be excluded if it does not obstruct the exercise of the ownership.
Article 774
  • In carrying on an industry and in exercising other rights, the landowner shall take care to prevent the occurrence of any injury to the adjacent land.
Article 775
  • The owner of a lower land shall not prevent the natural flow of water coming form a higher land.
  • The owner of a higher land shall not block all of the natural flow of water coming from the higher land which is indispensable to the lower land, even though it is necessary for the higher land.
Article 776
  • When the disruption or obstruction of works constructed on a piece of land for the purposes of storing, draining or drawing water has caused prejudice or may cause prejudice to another’s land, the landowner shall, at his own expenses, make necessary repair, dredging or prevention. However, if the bearing of such expenses is otherwise provided by custom, such custom shall be followed.
Article 777
  • The landowner shall not construct the eaves or other works which will cause rain water to fall directly upon the adjacent real property.
Article 778
  • When the flow of water is obstructed by accident on the lower land, the owner of the higher land is entitled to construct necessary works for its dredging at his own expenses. However, if the bearing of such expenses is otherwise provided by custom, such custom shall be followed.
Article 779
  • For the purposes of drying out the marshy land or discharging superfluous water of household use or of agricultural or industrial use to the river or waterway, the owner of the higher land is entitled to conduct such water through the lower land, provided that the place and method which will cause the least injury to the lower land shall be chosen.
  • In the case of the preceding paragraph, the owner of the higher land shall make compensation for any injury caused to the lower land.
Article 780
  • The landowner is entitled, for the purposes of conducting water on his land, to use the works constructed by the owner of the higher or lower land, provided that he shall bear the expenses of the construction and maintenance of such works in proportion to the interests which he is benefited therefrom.
Article 781
  • The owner of a land where water originates, or of a well, waterway or other land through which water flows, is entitled to freely use the water, except there is a particular custom.
Article 782
  • The owner of a land where water originates, or of a well, is entitled to claim compensation against another, who, owing to the works carried on by him, cuts off, reduces or pollutes the water of such land or well. If the water is necessary for drinking or for utilizing the land, the said owner is also entitled to claim to have the status quo ante restored, except the restoration is impossible.
Article 783
  • The landowner, who cannot procure the water necessary for his household or for utilizing his land without undertaking excessive expenses or labor, is entitled to make compensation and demand the owner of the adjacent land for the spare water.
Article 784
  • The owner of a land through which the water flows shall not change the course or the width of the water, when the land on the opposite shore belongs to another person.
  • When the land on both shores belongs to the same owner of the land through which the water flows, he is entitled to change the course or the width of the water, provided the natural course of the water at its lower mouth shall be kept.
  • In the case of the preceding two paragraphs, if it is otherwise provided by custom, such custom shall be followed.
Article 785
  • The owner of a land through which the water flows is entitled to, when it is necessary to construct a weir, rest the weir on the opposite shore, provided that compensation shall be made for any injury resulting therefrom.
  • The owner of the land on the opposite shore is entitled to use the weir specified in the preceding paragraph, when a part of the land through which the water flows belongs to him, provided that he shall bear the expenses of construction and maintenance of such weir in proportion to the interests which he is benefited therefrom.
  • In the case of the preceding two paragraphs, if it is otherwise provided by custom, such custom shall be followed.
Article 786
  • Where electric wires, water pipes, gas pipes or other pipes cannot be constructed without making use of the land of another or where they can only be constructed through the incurring of excessive expenses, the landowner is entitled to construct the said wires or pipes on, over or under the land of another person, provided that the place and method of constructing such wires or pipes which will cause the least injury to such other land shall be chosen and provided that compensation shall be made.
  • If, after the construction of electric wires, water pipes, gas pipes or other pipes has been made in accordance with the provision of the preceding paragraph, there is change of circumstances, the owner of such other land is entitled to demand to change the aforesaid construction.
  • The expenses of the change of such construction shall be borne by the landowner. However if it is otherwise provided by custom, such custom shall be followed.
Article 787
  • If, in the absence of suitable access to the public road, a piece of land is not fit for ordinary use, the landowner is entitled to pass through the surrounding land in order to reach the public road, provided that compensation shall be made for any injury caused thereby to the land passed through.
  • In the case of the preceding paragraph, the person entitled to pass through shall, within the limits of necessary for passing through, choose the place and method which will cause the least injury to the surrounding land.
Article 788
  • The person entitled to passing through may construct a road when necessary, provided that he shall make compensation for any injury caused thereby to the land passed through.
Article 789
  • If, in consequence of a transfer of a part of a piece of land or of a partition of a piece of land, one of the partitioned parts has no access to the public road, the owner of such partitioned part, in order to reach the public road, is only entitled to pass through the land owned by the transferee or the transferor or the other petitioners.
  • In the case specified in the preceding paragraph, the person entitled to passing through shall not liable to make compensation.
Article 790
  • The landowner has the right to prohibit other persons from trespassing on his land, except any of the following cases:
  1. When the other persons are entitled to passing through the land.
  2. When, according to the local custom, it is allowed to enter his (the owner's) field, pasture or forest, around which no fence has been made, for the purpose of cutting and taking grass, of gathering dead branches or timber, of collecting wild products or of grazing stock.
Article 791
  • If, things or animals of another have by accident entered the land, the landowner shall allow the possessor or the owner of the things or animals to enter the land in order to find them and take them back.
  • In the case specified in the preceding paragraph, the landowner is entitled to claim compensation for the injury, if any; and he is also entitled to retain the said things or animals until such compensation has been made.
Article 792
  • The landowner shall allow the owner of an adjacent land to use such part of his land necessary for the construction or repair of the building on or near the boundary line. However he may claim compensation for any injury resulting therefrom.
Article 793
  • The landowner is entitled to prohibit the discharge of gases, steam, odors, smoke, heat, soot, noises, vibrations and other similar nuisances from another person's land, except such nuisance is insignificant or is justified by the shape of the land or by local custom.
Article 794
  • In excavating the land or in constructing buildings, the landowner shall not cause the foundations of the adjacent land to be shaken or endangered, nor can he cause any injury to the works of the adjacent land.
Article 795
  • If there is danger of falling of the whole or a part of a building or other works on a piece of land, and this may prejudice to the adjacent land, the owner of the adjacent land is entitled to claim for necessary prevention.
Article 796
  • If the landowner builds a house beyond the boundary, the owner of the adjacent land, who knows of the trespass and does not immediately object to it, shall not claim the removal or alteration of the building. However the owner of the adjacent land is entitled to claim the landowner to purchase that part of the land trespassed upon at a reasonable price and to claim compensation for additional injury, if any.
Article 797
  • If the branches or roots of bamboos or trees of the adjacent land have spread beyond the boundary, the landowner is entitled to require the owner of the bamboos or trees to cut and rid the said branches or roots within a reasonable period.
  • If the owner of the bamboos or trees does not cut and rid the said branches or roots within the period specified in the preceding paragraph, the landowner is entitled to cut and take the encroaching branches or roots.
  • The provisions of the preceding two paragraphs shall not apply to such encroaching branches or roots that do not interfere with the utility of the land.
Article 798
  • Fruits that fall naturally on an adjacent land are deemed to belong to such land, except it is a land for public use.
Article 799
  • When a building is partitioned by several persons, and each of them owns a part of it, the part in common use of the building and its accessories is presumed to be held in indivision by all the owners. The expenses of repair and other charges to the mentioned part shall be borne by all the owners in proportion to the value of their own respective parts.
Article 800
  • In the case of the preceding article, if it is necessary for some of the owners to use the middle gate which belongs to another owner, they are entitled to do so. However if it is otherwise provided by a particular agreement or custom, such agreement or custom shall be followed.
  • Compensation shall be made for any injury caused to the owner through such use as specified in the preceding paragraph.

Section 3 - Ownership of the Personal Property[edit]

Article 801
  • When a transferee of a personal property is in possession of it and is protected by the provisions concerning possession, he acquires the ownership of the same even if the transferor has no right to transfer such ownership.
Article 802
  • Whoever with the intent of being the owner of a personal property of no owner takes possession of the same, he acquires its ownership.
Article 803
  • A person who picks up a lost property shall be bound to inform its owner. If the owner is unknown, or if there is nothing to show where the owner is, the person who picks up the lost property shall either advertise the owner of his claim to the property, or inform the police authorities or the local autonomous institution and deposit the property with them at the time of such information.
Article 804
  • If, after the advertisement, the owner does not identify and claim the property which was picked up within a reasonable period, the person who picks up the lost property shall inform the police authorities or the local autonomous institution and deposit it with them.
Article 805
  • If the owner identifies and claims the lost property within six months from the date of the picking up, the person who picks up the lost property or the police authorities or the local autonomous institution shall return him the property after he (the owner) has reimbursed them with the costs of advertising and of preserving it.
  • In the case specified in the preceding paragraph, the person who picks up the lost property is entitled to claim from the owner a reward equivalent to three-tenths of the value of the property.
Article 806
  • If the property which was picked up is of a nature of easy to corrupt, or if its preservation will cost excessive expenses, the police authorities or local autonomous institution may sell it by auction and keep the net proceeds of the sale.
Article 807
  • If the owner does not identify and claim the lost property within six months from the date of the picking up, the police authorities or local autonomous institution shall deliver the property or the net proceeds of its sale by auction to the person who picks up the lost property, and he shall become the owner of the same.
Article 808
  • Whoever finds a treasure-trove and takes possession of it, he acquires its ownership. However, if the treasure-trove is found in a personal or real property owned by another, the finder and the owner of such personal or real property shall equally acquire a half of the treasure-trove.
Article 809
  • When a treasure-trove that has been found is fit for the academic, artistic, archaeological or historical material, its ownership shall be determined in accordance with the provisions of the particular law relating thereto.
Article 810
  • The provisions concerning the picking up of the lost property shall apply to the picking up of the float or the sunken article.
Article 811
  • When a personal property becomes an important component part of a real property through attaching, the owner of the real property acquires the ownership of such personal property.
Article 812
  • When a personal property belonging to one person is attached to a personal property belonging to another person in such a way that they cannot be separated without damage or can only be separated through the incurring of excessive expenses, both owners shall jointly own the composition in proportion to the value of each personal property at the time they were attached.
  • If one of the personal properties attached as specified in the preceding paragraph can be deemed to be the principal thing, the owner of such principal thing acquires the ownership of the composition.
Article 813
  • The provisions of the preceding article shall be mutatis mutandis applied when a personal property is mixed together with a personal property belonging to another person so as to be no longer distinguishable from each other or so as to be distinguished only through the incurring of excessive expenses.
Article 814
  • When a person has contributed work to a personal property belonging to another, the ownership of the personal property upon which the work is done belongs to the owner of the material thereof. However, if the value of the contributing work obviously exceeds the value of the material, the ownership of the personal property upon which the work is done belongs to the contributing person.
Article 815
  • When the ownership of a personal property is extinguished in accordance with the provisions of the preceding four articles, all other rights over such personal property are also extinguished.
Article 816
  • A person, who has suffered injury by loss of rights through the provisions of the preceding five articles, is entitled to claim compensation in accordance with the provisions concerning Unjust Enrichment.

Section 4 - Co-Ownership[edit]

Article 817
  • When several persons have the ownership of a thing in proportion to their own respective shares, they are co-owners.
  • If the shares to which each co-owner is entitled are not known, they are presumed to be equal.
Article 818
  • Each co-owner is, in proportion to his own share, entitled to use and to acquire the profits of the thing held in indivision.
Article 819
  • Each co-owner may freely dispose of his own share.
  • The disposition of, the alteration of and the creation of an encumbrance over a thing held in indivision shall only be made with the consent of all the co-owners.
Article 820
  • Unless otherwise provided by the contract, the thing held in indivision shall be managed by the co-owners in common.
  • In regard to simple repairs and such other acts for the preservation of the thing held in indivision, each of the co-owners is entitled to make it alone.
  • Improvements on the thing held in indivision can only be carried out with the consent of over half of the co-owners, whose own shares in toto represent over half of the thing.
Article 821
  • Each co-owner may exercise the right of ownership against the third party for the whole thing held in indivision. However a claim for restoration of the said thing may only be made for the common interests of all the co-owners.
Article 822
  • Unless otherwise provided by the contract, the costs of management and other charges relating to the thing held in indivision shall be borne by all the co-owners in proportion to their respective shares.
  • When one of the co-owners has paid more than the share incumbent on him for the charges relating to such thing held in indivision, he is entitled to claim a reimbursement from the other co-owners in proportion to their respective shares.
Article 823
  • Each co-owner is entitled to demand at any time the partition of the thing held in indivision. Except in consequence of the object of using such thing, partition is impossible, or a contract that no partition can be made within a certain period (a period of non-partition) has been made.
  • The period of non-partition fixed by such contract as specified in the preceding paragraph shall not exceed five years; where a period exceeding five years has been agreed upon, it shall be reduced to five years.
Article 824
  • The partition of the thing held in indivision shall be made in accordance with the method agreed by the co-owners.
  • If the method of partition cannot be agreed upon, the court may, on the application of any of the co-owners, order such partition to be made according to either of the following:
  1. The distribution of the thing held in indivision itself to the co-owners, or
  2. The sale of the thing held in indivision and the distribution of the net proceeds to the co-owners.
  • In the case of the distribution of the thing held in indivision itself, if some of the co-owners cannot obtain their allotted parts in proportion to their own shares, they may be further compensated in money.
Article 825
  • Each co-owner in proportion to his share bears a liability or warranties the same as that of a seller in regard to the things which the other co-owners have acquired by partition.
Article 826
  • After the partition of a thing held in indivision, each participant shall preserve all documents relating to the thing which he has acquired.
  • After the partition of a thing held in indivision, all documents relating to the said thing shall be preserved by the person who has acquired the largest portion of the thing. If no person has acquired a larger portion, the partitioners shall determine the person who shall preserve the said documents by agreement, and if it cannot be determined by agreement, the person shall be nominated by the court on the application of the partitioners.
  • Each partitioner is entitled to claim the use of the documents preserved by the other partitioners.
Article 827
  • Where several persons who constitute a relationship in common according to the provisions of the Act or the contract hold a thing in common by virtue of the relationship in common, such persons are owners-in-common.
  • The rights of each owner-in-common extend to the whole thing held in common.
Article 828
  • The rights and duties of the owners-in-common are determined according to the Act or the contract from which the relationship in common is derived.
  • Unless otherwise provided by the Act or the contract as specified in the preceding paragraph, the disposition of the thing held in common and the exercise of other rights relating to the same shall be made with the consent of all the owners-in-common.
Article 829
  • For the duration of the relationship in common, neither of the owners-in-common shall demand the partition of the thing held in common.
Article 830
  • The ownership-in-common is extinguished with the termination of the relationship in common or by the transfer of the thing held in common.
  • Unless otherwise provided by the Act, the methods relating to the partition of the thing held in common shall be in accordance with the provisions governing the methods relating to the partition of the thing held in indivision.
Article 831
  • The provisions of this section shall be mutatis mutandis applied when rights over property other than ownership are held in indivision or in common by several persons.

Chapter III Superficies[edit]

Article 832
  • Superficies is the right to use the land of another person with the object of owning a building or other works or bamboos or trees thereon.
Article 833
  • The provisions of Articles 774 to 798 shall apply mutatis mutandis to the relationship between superficiaries or between the superficiary and the landowner.
Article 834
  • If the duration of the superficies has not been fixed, the superficiary may at any time waive his right unless otherwise provided by the custom.
  • The waiver of the superficies as specified in the preceding paragraph shall be made by an expression of intent to the landowner.
Article 835
  • Where the rental for superficies has been agreed upon, and where the superficiary waives his right, he shall either notify the landowner one year beforehand, or pay the rental for the following year.
Article 836
  • Where the superficiary has delayed the payment of the rental which has accumulated to the amount of equivalent to the total rental for two years, the landowner is entitled to revoke the superficies, unless otherwise provided by the custom.
  • The revocation as specified in the preceding paragraph shall be made by an expression of intent to the superficiary.
Article 837
  • The superficiary is not entitled to claim for a release or reduction of the rental even if he is hindered by force majeure from using the land.
Article 838
  • The superficiary is entitled to assign his rights to another person, unless otherwise provided by the contract or by the custom.
Article 839
  • When the superficies is extinguished, the superficiary is entitled to take his works and bamboos and trees back provided that the status quo ante of the land shall be restored.
  • In the case specified in the preceding paragraph, if the landowner requires to purchase such work or bamboos and trees at their current market price, the superficiary shall not refuse to sell.
Article 840
  • Where the work of the superficiary is a building and the superficies is extinguished through the expiration of the duration of the superficies, the landowner shall reimburse him according to the current market price of such building. However if it is otherwise provided by the contract, such provisions shall be followed.
  • Before the expiration of the duration of the superficies, the landowner is entitled to require the superficiary to prolong the duration of the superficies to such period as the building may be used. If the superficiary refuses, he shall not claim a reimbursement as specified in the preceding paragraph.
Article 841
  • A superficies is not extinguished by virtue of the loss or destruction of the works or bamboos or trees.

Chapter IV Yong-Dian[edit]

Article 842
  • Yong-dian is the right to cultivate or to pasture stock permanently on the land of another person by paying a rental.
  • Where a yong-dian is created for a definite period of time, it is deemed to be a lease, and the provisions concerning Lease shall be applied.
Article 843
  • A yong-dian holder is entitled to assign his rights to another person.
Article 844
  • A yong-dian holder is entitled to claim a reduction or a release of his rental, if, owing to force majeure, his profits have decreased or totally lost.
Article 845
  • A yong-dian holder shall not lease the land to another person.
  • If a yong-dian holder acts against the provision of the preceding paragraph, the landowner may revoke the yong-dian.
Article 846
  • Where the yong-dian holder has delayed the payment of the rental which has accumulated to the amount of equivalent to the total rental for two years, the landowner may revoke the yong-dian unless otherwise provided by the custom.
Article 847
  • The revocation specified in the preceding two articles shall be made by an expression of intent to the yong-dian holder.
Article 848
  • The provisions of Article 839 shall apply mutatis mutandis to yong-dian.
Article 849
  • Where the yong-dian holder has transferred his right to a third party, such third party is bound to repay to the landowner the rental owed by all the previous yong-dian holders.
Article 850
  • The provisions of Articles 774 to 798 shall apply mutatis mutandis to the relationship between yong-dian holders, or between the yong-dian holder and the landowner.

Chapter V Servitudes[edit]

Article 851
  • Servitude is the right to use the land of another person for the convenience of one’s own land.
Article 852
  • Servitudes cannot be acquired by prescription except those which are continuous and apparent.
Article 853
  • A servitude shall neither be separated from the dominant land and assigned nor be made as the object of any other right
Article 854
  • The owner of the dominant land is entitled to perform such acts as are necessary for exercising or preserving his rights, provided that he shall choose the place and the method which will cause the least injury to the servient land.
Article 855
  • The owner of a dominant land, who makes constructions for the purpose of exercising his rights, is bound to maintain such constructions.
  • The owner of the servient land may use the constructions as specified in the preceding paragraph, except it will obstruct the exercise of the servitude.
  • In the case specified in the preceding paragraph, the owner of the servient land shall bear his share of the expenses for the maintenance of the constructions in proportion to the interests he is benefited therefrom.
Article 856
  • Where the dominant land is partitioned, its servitude still continues for the interests of all its parts. However if according to its nature the exercise of the servitude actually refers to only one part of the dominant land, such servitude still continues only in respect to such part.
Article 857
  • Where the servient land is partitioned, the servitude still continues on all its parts. However, if according to its nature the exercise of the servitude actually refers to only one part of the servient land, such servitude still continues only as against such part.
Article 858
  • The provisions of Article 767 shall apply mutatis mutandis to servitudes.
Article 859
  • Where the continuance of the servitude is no longer necessary, the court may, on the application of the owner of the servient land, declare such servitude extinguished.

Chapter VI Mortgage[edit]

Article 860
  • A mortgage is the right to receive performance of an obligation from the price of sale of the real property which has been treated as security for the obligation by the debtor or by the third party, without transferring its possession.
Article 861
  • Unless otherwise provided by contract, a mortgage secures the principal prestation, its interest, interest for the default, and cost of executing the mortgage.
Article 862
  • The effect of a mortgage extends to the accessories and accessory rights of the property mortgaged.
  • Rights acquired by the third party over such accessories before the creation of the mortgage are not affected by the provisions of the preceding paragraph.
Article 863
  • The effect of a mortgage extends to the natural profits which have been separated from the property mortgaged after the attachment of such property.
Article 864
  • The effect of a mortgage extends to the civil profits which the mortgagor may collect from the property mortgaged after the attachment of such property. However, the mortgagee cannot claim against the obligor who shall pay the civil profits, until he has notified such obligor of the fact of attaching the property mortgaged.
Article 865
  • If the owner of a real property creates several mortgages on the same property for securing several claims of prestations, the ranks of these mortgages are determined according to the priority of registration.
Article 866
  • After the creation of the mortgage, the owner of a real property may create superficies and other rights on the same real property, but the mortgage is not affected thereby.
Article 867
  • After the creation of the mortgage, the owner of a real property may transfer the said real property to another person, but the mortgage is not affected thereby.
Article 868
  • When a real property mortgaged has been partitioned or partially transferred, or when one of the several real properties securing the same claim of prestation is transferred to another person, the mortgage is not affected thereby.
Article 869
  • If a claim of prestation secured by a mortgage has been partitioned or partially transferred, the mortgage is not affected thereby.
  • The provision of the preceding paragraph shall apply to the case where a debt is partitioned.
Article 870
  • A mortgage may neither be transferred nor be furnished as the security for any other claim of prestation by separating it from the claim of prestation.
Article 871
  • If the action of the mortgagor is likely to cause the value of the property mortgaged to reduce, the mortgagee may demand to stop such action; and, if in case of urgency, the mortgagee himself may take the necessary disposition to safeguard the mortgage.
  • Costs incurred for such demand or disposition as specified in the preceding paragraph shall be borne by the mortgagor.
Article 872
  • If the value of the property mortgaged has reduced, the mortgagee may demand that the mortgagor shall restore the status quo ante of the said property, or give security corresponding to the value reduced.
  • If, owing to circumstances for which the mortgagor is not responsible, the value of the property mortgaged has reduced, the mortgagee is entitled to demand security to be given for any injury only to such an extent as the mortgagor may be compensated for the said injury.
Article 873
  • The mortgagee, who has not been paid when the claim of prestation is matured, may apply to the court to have the property mortgaged sold by auction and to pay himself out of the prices of the sale.
  • Any agreement which agrees that, if the prestation isn’t performed when it has matured, the ownership of the property mortgaged shall be transferred to the mortgagee, is void.
Article 874
  • The amount from the sale of the property mortgaged shall be distributed to the mortgagees according to their rank of priority. In case they are of the same rank, such amount shall be distributed pro rata.
Article 875
  • If a mortgage has been created on several real properties for the security of the same claim of prestation without specifying the amount to be charged against each of the said real properties, the mortgagee may demand performance of the whole or a part of his claim of prestation from the prices of the sale of each of the said real properties.
Article 876
  • If the land and the building on such land belong to the same person and either the land or the building only is mortgaged, the superficies is deemed to have been created at the time when the property mortgaged is sold by auction. However, the parties shall reach an agreement of its rental; and, if such an agreement cannot be reached, they may apply to the court to judge.
  • If the land and the building on such land belong to the same person and both the land and the building are mortgaged, if the land and the building are sold to different bidders at an auction, the provision of the preceding paragraph shall apply.
Article 877
  • If, after the creation of a mortgage, the landowner constructs buildings on the land mortgaged, the mortgagee may have the buildings sold by auction together with the land when it is necessary, but he shall not have any priority right to receive prestation from the prices of the sale of such buildings.
Article 878
  • After the claim of prestation has matured, a mortgagee may, in order to satisfy his claim of prestation, conclude a contract to acquire the ownership of the property mortgaged, or dispose of it by any means other than an auction, unless it is prejudicial to the interests of the other mortgagees.
Article 879
  • When a third party, who creates a mortgage, for a debtor, pays the debt in full for such debtor, or loses the ownership in rem of property mortgaged through the execution of the mortgage by the mortgagee, such third person is entitled to a claim against the said debtor for reimbursement according to the provisions governing guaranty.
Article 880
  • In a claim of prestation secured by mortgage, where the claim has been extinguished by prescription, the mortgage is extinguished if it is not exercised by the mortgagee within five years after the completion of such prescription.
Article 881
  • A mortgage is extinguished through the destruction of the property mortgaged, unless the compensation which could be received from such destruction shall be distributed to the mortgagees according to their rank of priority.
Article 882
  • Superficies, yong-dian and dian may be the object of a mortgage.
Article 883
  • The provisions of the present chapter concerning mortgage shall apply mutatis mutandis to the mortgage specified in the preceding article and to statutory mortgage.

Chapter VII Lien[edit]

Section 1 - Lien of Personal Properties[edit]

Article 884
  • Lien of personal property is the right to take possession of the personal property delivered by the debtor or a third party as security for a claim of prestation, may receive performance of the said prestation from the prices of sale of such personal property.
Article 885
  • The creation of a lien becomes effective by the delivery of the possession of the thing liened.
  • The lien creditor cannot make the lienee to possess in his place the thing liened.
Article 886
  • The lien creditor, who takes possession of the personal property and is protected under the provisions concerning possession, acquires the lien even if the lienee is not entitled to dispose of the thing liened.
Article 887
  • Unless otherwise provided by contract, a lien secures the principal prestation, its interest, interest for the default, the cost of executing the lien and any injury arising from a concealed defect in the thing liened.
Article 888
  • The lien creditor shall take care of the thing liened with the care of a good administrator.
Article 889
  • The lien creditor may collect the profits produced from the thing liened, unless otherwise provided by contract.
Article 890
  • The lien creditor, who has the right to collect the profits from the thing liened, shall collect such profits with same care as he would have taken for his own and shall render an account.
  • The profits as specified in the preceding paragraph shall first be discharged the costs of collecting the profits, then the interest on the principal prestation, and finally, the principal prestation.
Article 891
  • For the duration of the lien, the lien creditor may, on his responsibility, sub-lien the thing liened to a third party. He shall be also responsible for any loss or injury caused by force majeure resulting from the sub-lien.
Article 892
  • If the thing liened might be easy to corrupt or its value obviously depreciates to be prejudicial to the rights of the lien creditor, the lien creditor may sell the thing liened by auction and keep the prices thereof in place of the thing liened.
Article 893
  • The lien creditor, who has not been paid when the claim of prestation is matured may sell the thing liened by auction and pay him out of the prices of the sale.
  • Any agreement which agrees that, if the prestation isn’t performed when it has matured the ownership of the thing liened shall be transferred to the lien creditor, is void.
Article 894
  • In the case of the two preceding articles, the lien creditor shall notify the lienee before the sale by auction, unless such notification is impracticable.
Article 895
  • The provisions of Article 878 shall apply mutatis mutandis to lien of personal property.
Article 896
  • Upon the extinction of the claim of prestation secured by the lien of a personal property, the lien creditor shall return the thing liened to the person entitled to receive it.
Article 897
  • The lien of a personal property is extinguished through the return of the thing liened by the lien creditor to the lienee.
  • Upon the return of the thing liened, any reservation made in regard to the continuance of the lien is void.
Article 898
  • A lien of a personal property is extinguished, when the lien creditor loses possession of the thing liened and cannot demand the return of it.
Article 899
  • The lien of a personal property is extinguished by the loss of the thing liened. But if the compensation can be received for such loss, the lien creditor may be paid out of the compensation.

Section 2 - Lien of Rights[edit]

Article 900
  • A transferable claim of prestation and other rights may be the object of a lien.
Article 901
  • Unless otherwise provided by the provisions of present section, the provisions concerning lien of personal property shall apply mutatis mutandis to lien of rights.
Article 902
  • Unless otherwise provided by the provisions of present section, the creation of a lien of rights shall be made in accordance with the provisions concerning the transference of such rights.
Article 903
  • The lienee cannot, by means of a juridical act, cause the right which is the object of a lien to be extinguished or modified without the consent of the lien creditor.
Article 904
  • If the object of a lien is a claim of prestation its creation shall be made in writing; and, if there is any document relating to the said claim of prestation, such document shall also be delivered to the creditor.
Article 905
  • If a claim of prestation which is the object of a lien matures before the claim of prestation secured by it, the lien creditor may demand the thing delivered for the performance of the prestation liened to be lodged by the debtor.
Article 906
  • If a claim of prestation which is the object of a lien matures after the claim of prestation secured by it, the lien creditor may, when the claim of prestation has matured, demand for performance directly to the debtor. However, if the prestation consists of money, he may only demand the payment of that amount, which corresponds to the amount of the prestation in his favor against the lienee,
Article 907
  • If a claim of prestation which is the object of a lien and its debtor has been notified of the creation of such lien, when he makes any performance either to the lienee or to the lien creditor, shall have the consent of the other party. In the absence of such consent the debtor shall lodge the thing delivered for the performance.
Article 908
  • If the object of a lien consists of the securities payable to bearer, the creation of the lien becomes effective by the delivery of such securities to the lien creditor. In case the object consists of other valuable securities, it shall also be required to be made according to the rule of endorsement.
Article 909
  • If the object of a lien is the securities payable to bearer, the note or any other securities which shall be transferred by endorsement, the lien creditor may, even if the claim of prestation secured by it is not mature, collect the payment accruing to him through such securities, and, if previous notice is necessary to be given to the debtor of the securities, he is entitled to make such notice; the debtor may perform only to the lien creditor.
Article 910
  • If the object of a lien is a valuable security, the effect of such lien extends to interest coupons, periodical payment coupons, or dividend coupons belonging thereto, provided they have been delivered to the lien creditor.

Chapter VIII Dian[edit]

Article 911
  • Dian is the right to use a real property of another person and to collect profits therefrom by paying the price for the dian and taking possession of the real property.
Article 912
  • The period of dian cannot exceed thirty years. If a period exceeding thirty years has been agreed upon, such period is to be reduced to thirty years.
Article 913
  • If a period of the dian less than fifteen years has been agreed upon, a clause, which provides that if the property is not redeemed within such period it is considered sold without a right of redemption, cannot be included in the contract.
Article 914
  • The provisions of Articles 774 to 800 shall apply mutatis mutandis between dian-holders or between dian-holder and landowner.
Article 915
  • For the duration of the dian, the dian-holder may sub-dian or lease the property dianed to another person. Unless it is otherwise provided by contract or by customs, such contract or customs shall apply.
  • If a period has been fixed for the duration of the dian, the period of the sub-dian or lease cannot exceed the period of the original dian. In the absence of such fixed period, the sub-dian or lease cannot be fixed for a period.
  • The price for the sub-dian cannot exceed the price of the original dian.
Article 916
  • The dian-holder is liable to compensate for any injury caused to the property dianed resulting from the sub-dian or lease.
Article 917
  • The dian-holder may transfer the dian to another person.
  • In the case of the preceding paragraph, the transferee acquires the same rights as a dian-holder against the dian-maker.
Article 918
  • The dian-maker may after the creation of the dian transfer the ownership of the property dianed to another person.
  • The dian-holder is still entitled to the same rights as against the transferee specified in the preceding paragraph.
Article 919
  • When the dian -maker transfers the ownership of the property dianed to another person, if the dian-holder states to give the same price to purchase the property dianed, the dian-maker cannot refuse to sell without a good cause.
Article 920
  • If, for the duration of the dian, the property dianed has been wholly or partially destroyed by force majeure, both the dian and the right of redemption are extinguished in respect to the part destroyed.
  • In the case of the preceding paragraph, if the dian-maker redeems the part remaining, he may deduct from original price received for the dian a half of the value which the part destroyed had at the time of such destruction, provided that the deduction shall not exceed the original price received for the dian.
Article 921
  • If, for the duration of the dian, the property dianed is wholly or partially destroyed by force majeure, the dian-holder may reconstruct or repair the property dianed only to the extent of the value which the part destroyed had at the time of such destruction, except with the consent of the dian-maker.
Article 922
  • If, for the duration of the dian, the property dianed is wholly or partially destroyed due to the dian-holder’s fault, he is liable for such destruction to the extent of the amount of the price given for the dian. However, if the destruction is caused by his intentional actions or gross negligence, he shall compensate for further injury, in addition to that covered by the price given for the dian.
Article 923
  • If a period has been fixed for the duration of the dian, the dian-maker may redeem the property dianed at the original price received for the dian after the end of such period.
  • If the dian-maker does not redeem the property dianed at the original price received for the dian within two years from the end of the said period, the dian-holder acquires the ownership of the property dianed.
Article 924
  • If no period has been fixed for the duration of the dian, the dian-maker may redeem the property dianed at any time at the original price received for the dian. However, if it is not redeemed within thirty years from the creation of the dian, the dian-holder acquires the ownership of the property dianed.
Article 925
  • If the property dianed is an agricultural land, the redemption by the dian-maker shall be made after the season when the crops are reaped and before the beginning of the next cultivation. If the property consists of any other real property, the dian-maker shall notify the dian-holder six months beforehand.
Article 926
  • If, for the duration of the dian, the dian-maker expresses to transfer to the dian-holder the ownership of the property dianed, the dian-holder may acquire such ownership by paying the difference between the current value of the property dianed and the price given for such dian.
  • The payment of the difference specified in the preceding paragraph shall be made once only.
Article 927
  • If beneficial outlays have been incurred by the dian-holder, whereby the value of the property dianed is increased or where reconstruction or repairs have been made in accordance with the provisions of Article 921, the dian-holder may demand return to the extent of the benefits existing at the time of the redemption of the said property.

Chapter IX Right Of Retention[edit]

Article 928
  • The creditor, who is in possession of a personal property belonging to his debtor, may retain the same on the fulfillment of all the following conditions before debtor's prestation has not been preformed:
  1. When the claim of prestation is matured.
  2. If there is a nexus between the creation of the claim of prestation and the personal property, and
  3. If the possession of the personal property did not originate from a tort.
Article 929
  • The nexus specified in the preceding article is deemed to exist, where the personal property is taken possession on account of business relations between traders and where the claim of prestation arises from such business relation.
Article 930
  • The retention over a personal property cannot be made, if the retention is against public policy or morals. The same rule shall apply if it is in conflict with the duties assumed by the creditor or with the instructions given by the debtor before or at the delivery of the personal property.
Article 931
  • On the insolvency of the debtor, the creditor has the right of retention, even before the prestation becomes due.
  • If the debtor becomes insolvent after the delivery of the personal property or if his insolvency becomes known to the creditor after such delivery, the creditor may exercise his right of retention, even if it is in conflict with the circumstances specified in the preceding article.
Article 932
  • The creditor may exercise his right of retention against the whole thing retained before his claim of prestation is not wholly satisfied.
Article 933
  • The creditor shall take care of the thing retained with the care of a good administrator.
Article 934
  • The creditor may demand return from the owner of the thing retained for any necessary outlays incurred for taking care of the said thing.
Article 935
  • In order to satisfy his claim of prestation, the creditor may collect the profits produced from the thing retained.
Article 936
  • The creditor may, when the prestation is not performed at its maturity, fix a reasonable period of at least six months and notify the debtor that if the obligation is not performed within such period, he will pay out of the thing retained.
  • If the debtor does not perform within the period specified in the preceding paragraph, the creditor, may, in accordance with the provisions concerning the execution of lien, sell the thing retained by auction or acquire its ownership.
  • If the notification as specified in the first paragraph is impossible, the creditor may also exercise the right as specified in the preceding paragraph, if the prestation is not performed within two years from the end of its maturity.
Article 937
  • If the debtor has furnished proper security for the performance of the prestation, the right of retention by the creditor is extinguished.
Article 938
  • The right of retention over a thing is extinguished by the loss of its possession.
Article 939
  • Unless otherwise provided by, the provisions of the present chapter shall apply mutatis mutandis to statutory retention.

Chapter X Possession[edit]

Article 940
  • A possessor is a person who has a controlling power de facto over a thing.
Article 941
  • If a person possesses a thing of another as a lien creditor, lessee, or depositary, or by virtue of some other similar legal relationship, such other person is an indirect possessor.
Article 942
  • If, by following the instructions of another person, a person has the controlling power over a thing as an employee or apprentice, or by virtue of some other similar relation he is entitled to the said power, then only such other person is the possessor.
Article 943
  • A possessor is presumed to have legally the right which he exercises in rem of thing possessed.
Article 944
  • It is presumed that the possessor of a thing possesses it with the intention of being its owner, in good faith, peacefully and openly.
  • If it is proved that possession existed at the beginning and at the end of a period, it is presumed that the possessor has been in continuous possession during the intermediate time.
Article 945
  • When, according to the nature of the facts from which the possession of a thing originates, the possessor has no intention of being its owner, he takes the possession with the intention of being its owner from the time when he expresses such intention to the person who has put it in his possession. The same rules shall apply when the possession becomes one with the intention of ownership through a new fact.
Article 946
  • The transfer of possession becomes effective by the delivery of the thing possessed.
  • The provisions of Article 761 shall apply mutatis mutandis to the transfer as specified in the preceding paragraph.
Article 947
  • The successor or transferee in a possession may assert either his own possession or his possession together with that of his predecessor.
  • In case the possessor asserts the possession of the predecessor together with that of his own, he succeeds also to its defects.
Article 948
  • If, with a purpose to transfer the ownership of, or create other rights over a personal property, and a person in a good faith takes the possession of such personal property, such possession shall be protected by law even if the transferor had no right to transfer it.
Article 949
  • If the thing possessed is a steal or lost property, the victim or the loser may demand from the possessor the restoration of the thing within two years from the time when the thing was stolen or lost.
Article 950
  • If the steal or the lost property is bought in good faith by the possessor at a sale by auction, or in a public market, or from traders selling things similar to the one possessed, the thing cannot be restored without returning the buyer with the price he paid for it.
Article 951
  • In case the steal or the lost property consists of moneys or securities payable to bear, restoration of the same cannot be demanded from its bona fide possessor.
Article 952
  • A bona fide possessor may use the thing possessed and collect the profits therefrom in accordance with his legally presumed right.
Article 953
  • If, in consequence of circumstances for which the bona fide possessor is responsible the thing possessed is lost or destroyed, he is liable for the injury to the person demanding the restoration only to the extent of the interests which he, the said possessor, has received by reason of the destruction or damaged.
Article 954
  • A bona fide possessor may demand from the person demanding restoration return of any necessary outlays incurred for the preservation of the thing possessed. However, he cannot demand such return, if he has collected the profits of the said thing.
Article 955
  • A bona fide possessor may demand from the person demanding restoration return for any beneficial outlays incurred for the improvement of the thing possessed in so far as the existing value of the thing is increased thereby.
Article 956
  • If, owing to circumstances for which a mala fide possessor or anyone possessing the thing without the intention of being its owner is responsible, the thing possessed is lost or destroyed, he is liable to the person demanding restoration for any injury arising therefrom.
Article 957
  • A mala fide possessor may demand from the person demanding restoration return for any necessary outlays incurred for the preservation of the thing possessed in accordance with the provisions concerning management of affairs without mandate.
Article 958
  • A mala fide possessor is liable for the return of profits. If the profits have been consumed, or have been destroyed through his negligence, or have not been collected through his neglect, he is bound to compensate for the value of such profits.
Article 959
  • A bona fide possessor, who fails in an action concerning his right which the possession originates, is deemed to be as a mala fide possessor from the date at which the pendency of the action comes into force.
Article 960
  • A possessor may defend himself with his own force against any act which deprives him of or interferes with his possession.
  • If the thing possessed has been seized, the possessor may, if it is a real property, retrieve the same by expelling the tortfeasor immediately after the seizure; or, if it is a personal property, retrieve it from the tortfeasor in the very act or in a pursuit.
Article 961
  • The person entitled to the controlling power as specified in Article 942 may also exercise the right of the possessor provided by the preceding article.
Article 962
  • If possession has been deprived from a possessor, he may demand the return of the thing possessed; if it is interfered with, he may demand the removal of the interference; and if it is in danger of being interfered with, he may demand the prevention of such interference.
Article 963
  • The claim as specified in the preceding article is extinguished by prescription, if it is not exercised within one year from the time of the deprivation or interference or from the existence of the danger of being interfered with.
Article 964
  • The possession of a thing is extinguished by the loss of the controlling power de facto, which the possessor exercises in rem of said thing, unless the loss of such controlling power is only temporary.
Article 965
  • If several persons possess a thing in common, each possessor cannot demand for the protection of possession against other possessor in so far as the extent of using the said thing is concerned.
Article 966
  • A quasi-possessor is a person who exercises such property rights over a thing as are established without having taken possession of the said thing.
  • The provisions of the present chapter concerning possession shall apply mutatis mutandis to the quasi-possession as specified in the preceding paragraph.
This work is in the public domain because it is exempted by Article 9 of the Republic of China's Copyright Act (in effect in the "Free Area"). This excludes from copyright all government and official documents and official translations, including news releases, speeches, laws, and documents. It also excludes from copyright oral and literary news reports strictly intended to communicate facts, test questions from all kinds examinations held pursuant to laws or regulations, slogans and common symbols, terms, formulas, numerical charts, forms, notebooks, or almanacs.

Source: http://law.moj.gov.tw/Eng/Fnews/FnewsContent.asp?msgid=739&msgType=en

The Civil Code (Republic of China), now in effect in Taiwan, is divided into five Parts. Each Part has its own Enforcement Act.
Part numbers and names Article numbers Enforcement Acts
Civil Code (Republic of China)/Part I General Principles 1 − 152 Enforcement Act of the Part of General Principles of the Civil Code
Civil Code (Republic of China)/Part II Obligations 153 − 756−9 Enforcement Act of the Part of Obligations of the Civil Code
Civil Code (Republic of China)/Part III Rights In Rem 757 − 966 Enforcement Act of the Part of Rights In Rem of the Civil Code
Civil Code (Republic of China)/Part IV Family 967 − 1137 Enforcement Act of the Part of Family of the Civil Code
Civil Code (Republic of China)/Part V Succession 1138 − 1225 Enforcement Act of the Part of Succession of the Civil Code