Annotated Republic of China Laws/Civil Code/Part III

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Civil Code Republic of China Law from Mainland Era to Taiwan Part III Rights In Rem

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History

1. Promulgated on November 30, 1929

   Effective from May 5, 1930

2. As amended on January 16, 1995
3. As amended on March 28, 2007
4. As amended on January 23, 2009

   Effective from July 23, 2009

5. As amended on December 30, 2009
6. As amended on February 3, 2010
7. Amendments to Article 805 and Article 805-1 of Civil Code Promulgated on June 13, 2012

Contents

Articles 760, 833, 842, 843, 844, 845, 846, 847, 848, 849, 850, 858, 914, 935, and 938 have been deleted.

Articles 759-1, 768-1, 796-1, 796-2, 799-1, 799-2, 800-1, 805-1, 807-1, 824-1, 826-1, 833-1, 833-2, 835-1, 836-1, 836-2, 836-3, 838-1, 841-1, 841-2, 841-3, 841-4, 841-5, 841-6, 850-1, 850-2, 850-3, 850-4, 850-5, 850-6, 850-7, 850-8, 850-9, 851-1, 855-1, 859-1, 859-2, 859-3, 859-4, 859-5, 862-1, 870-1, 870-2, 873-1, 873-2, 875-1, 875-2, 875-3, 875-4, 877-1, 879-1, 881-1, 881-2, 881-3, 881-4, 881-5, 881-6, 881-7, 881-8, 881-9, 881-10, 881-11, 881-12, 881-13, 881-14, 881-15, 881-16, 881-17, 899-1, 899-2, 906-1, 906-2, 906-3, 906-4, 907-1, 917-1, 922-1, 924-1, 924-2, 932-1, 951-1, and 963-1 have been added.

Articles 757, 758, 759, 764, 767, 768, 769, 770, 771, 772, 774, 775, 777, 778, 779, 780, 781, 782, 784, 785, 786, 787, 788, 789, 790, 792, 793, 794, 796, 797, 798, 799, 800, 802, 803, 804, 805, 806, 807, 810, 816, 818, 820, 822, 823, 824, 827, 828, 830, 832, 834, 835, 836, 838, 839, 840, 841, 851, 852, 853, 854, 855, 856, 857, 859, 860, 861, 862, 863, 866, 869, 871, 872, 873, 874, 876, 877, 879, 881, 882, 883, 884, 885, 886, 887, 888, 889, 890, 892, 893, 897, 898, 899, 900, 902, 904, 905, 906, 908, 909, 910, 911, 913, 915, 917, 918, 919, 920, 921, 925, 927, 928, 929, 930, 932, 933, 936, 937, 939, 941, 942, 943, 944, 945, 948, 949, 950, 951, 952, 953, 954, 956, 959, and 965 have been amended.

Chapter I General Provisions

Article 757 (later amended)

Article 758 (later amended)

Article 759 (later amended)

Article 759-1 (later added)

Article 760 (later deleted)

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 (later amended)

Chapter II Ownership

Section 1 - General Provisions

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 (later amended)

Article 768 (later amended)

Article 768-1 (later added)

Article 769 (later amended)

Article 770 (later amended)

Article 771 (later amended)

Article 772 (later amended)

Section 2 - Ownership of the Real Property

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 (later amended)

Article 775 (later amended)

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 (later amended)

Article 778 (later amended)

Article 779 (later amended)

Article 780 (later amended)

Article 781 (later amended)

Article 782 (later amended)

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 (later amended)

Article 785 (later amended)

Article 786 (later amended)

Article 787 (later amended)

Article 788 (later amended)

Article 789 (later amended)

Article 790 (later amended)

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 (later amended)

Article 793 (later amended)

Article 794 (later amended)

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 (later amended)

Article 796-1 (later added)

Article 796-2 (later added)

Article 797 (later amended)

Article 798 (later amended)

Article 799 (later amended)

Article 799-1 (later added)

Article 799-2 (later added)

Article 800 (later amended)

Article 800-1 (later added)

Section 3 - Ownership of the Personal Property

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 (later amended)

Article 803 (later amended)

Article 804 (later amended)

Article 805 (later amended)

Article 805-1 (later added)

Article 806 (later amended)

Article 807 (later amended)

Article 807-1 (later added)

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 (later amended)

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 (later amended)

Section 4 - Co-Ownership

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 (later amended)

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 (later amended)

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 (later amended)

Article 823 (later amended)

Article 824 (later amended)

Article 824-1 (later added)

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 826-1 (later added)

Article 827 (later amended)

Article 828 (later amended)

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 (later amended)

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

Article 832 (later amended)

Article 833 (later deleted)

Article 833-1 (later added)

Article 833-2 (later added)

Article 834 (later amended)

Article 835 (later amended)

Article 835-1 (later added)

Article 836 (later amended)

Article 836-1 (later added)

Article 836-2 (later added)

Article 836-3 (later added)

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 (later amended)

Article 838-1 (later added)

Article 839 (later amended)

Article 840 (later amended)

Article 841 (later amended)

Article 841-1 (later added)

Article 841-2 (later added)

Article 841-3 (later added)

Article 841-4 (later added)

Article 841-5 (later added)

Article 841-6 (later added)

Chapter IV Yong-Dian

Article 842 (later deleted)

Article 843 (later deleted)

Article 844 (later deleted)

Article 845 (later deleted)

Article 846 (later deleted)

Article 847 (later deleted)

Article 848 (later deleted)

Article 849 (later deleted)

Article 850 (later deleted)

Article 850-1 (later added)

Article 850-2 (later added)

Article 850-3 (later added)

Article 850-4 (later added)

Article 850-5 (later added)

Article 850-6 (later added)

Article 850-7 (later added)

Article 850-8 (later added)

Article 850-9 (later added)

Chapter V Servitudes

Article 851 (later amended)

Article 851-1 (later added)

Article 852 (later amended)

Article 853 (later amended)

Article 854 (later amended)

Article 855 (later amended)

Article 855-1 (later added)

Article 856 (later amended)

Article 857 (later amended)

Article 858 (later deleted)

Article 859 (later amended)

Article 859-1 (later added)

Article 859-2 (later added)

Article 859-3 (later added)

Article 859-4 (later added)

Article 859-5 (later added)

Chapter VI Mortgage

Article 860 (later amended)

Article 861 (later amended)

Article 862 (later amended)

Article 862-1 (later added)

Article 863 (later amended)

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 (later amended)

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 860 (later amended)

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 870-1 (later added)

Article 870-2 (later added)

Article 871 (later amended)

Article 872 (later amended)

Article 873 (later amended)

Article 873-1 (later added)

Article 873-2 (later added)

Article 874 (later amended)

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 875-1 (later added)

Article 875-2 (later added)

Article 875-3 (later added)

Article 875-4 (later added)

Article 876 (later amended)

Article 877 (later amended)

Article 877-1 (later added)

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 (later amended)

Article 879-1 (later added)

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 (later amended)

Article 881-1 (later added)

Article 881-2 (later added)

Article 881-3 (later added)

Article 881-4 (later added)

Article 881-5 (later added)

Article 881-6 (later added)

Article 881-7 (later added)

Article 881-8 (later added)

Article 881-9 (later added)

Article 881-10 (later added)

Article 881-11 (later added)

Article 881-12 (later added)

Article 881-13 (later added)

Article 881-14 (later added)

Article 881-15 (later added)

Article 881-16 (later added)

Article 881-17 (later added)

Article 882 (later amended)

Article 883 (later amended)

Chapter VII Lien

Section 1 - Lien of Personal Properties

Article 884 (later amended)

Article 885 (later amended)

Article 886 (later amended)

Article 887 (later amended)

Article 888 (later amended)

Article 889 (later amended)

Article 890 (later amended)

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 (later amended)

Article 893 (later amended)

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 (later amended)

Article 898 (later amended)

Article 899 (later amended)

Article 899-1 (later added)

Article 899-2 (later added)

Section 2 - Lien of Rights

Article 900 (later amended)

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 (later amended)

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 (later amended)

Article 905 (later amended)

Article 906 (later amended)

Article 909 (later amended)

Article 910 (later amended)

Chapter VIII Dian

Article 911 (later amended)

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 (later amended)

Article 914 (later deleted)

Article 915 (later amended)

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 (later amended)

Article 917-1 (later added)

Article 918 (later amended)

Article 919 (later amended)

Article 920 (later amended)

Article 921 (later amended)

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 922-1 (later added)

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 924-1 (later added)

Article 924-2 (later added)

Article 925 (later amended)

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 (later amended)

Chapter IX Right Of Retention

Article 928 (later amended)

Article 929 (later amended)

Article 930 (later amended)

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 (later amended)

Article 932-1 (later added)

Article 933 (later amended)

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 (later deleted)

Article 936 (later amended)

Article 937 (later amended)

Article 938 (later deleted)

Article 939 (later amended)

Chapter X Possession

Article 940

• A possessor is a person who has a controlling power de facto over a thing.

Article 941 (later amended)

Article 942 (later amended)

Article 943 (later amended)

Article 944 (later amended)

Article 945 (later amended)

Article 949 (later amended)

Article 950 (later amended)

Article 951 (later amended)

Article 951-1 (later added)

Article 952 (later amended)

Article 953 (later amended)

Article 954 (later amended)

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 (later amended)

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 (later amended)

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 963-1 (later added)

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 (later amended)

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.