英文摘要 |
The purpose of this article is to analyze the legal superficies of Article 876 in Taiwanese Civil Code. This article is divided into three parts. Firstly, it explains the application relationship among Article 876, Article 838-1, and Article 425-1 of Civil Code. Secondly, it relates the function and notion of “the land and a building on such land both owned by the same person”. It argues that we should understand this notion according to a criterion of Rights In Rem. Finally, it concludes by offering several propositions to the doctrine and practice of Taiwanese civil Law. |