從不動產估價契約法律性質論估價師之民事責任

The Discussion of Civil Liabilities on the Appraiser from Properties of the Real Estate Contract Law

不動產估價師法之制定，賦予不動產估價師對於不動產權利價格之專業簽證地位，並以估價報告書作為估價師專業知識技術之成果展現。經研究探討，關於估價契約之法律性質，基於估價結果之使用者及於委託人以外之第三人，其公益性質遠大於委託者之個人利益，故須特別重視其公正性及獨立性，另以交付估價報告書作為完成估價契約之成果，而具有混合契約之性質。不動產估價師所應擔負之民事責任主要可歸納為締約過失責任、債務不履行責任以及侵權行為責任，關於侵權行為責任並以不動產估價師法第16條之特殊侵權行為規定作為委託人或利害關係人向不動產估價師請求損害賠償之基礎。 The establishment of the Real Estate Appraisal Law empowered appraiserswith the professional certification status over the real estate rightful values, andthe appraisal report was the result presentation of appraisers’ professionalknowledge and skills. Through research exploration, the legal properties ofappraisal contract, base on the user of appraised result and third parties other thanthe entrusted person, was that its public liabilities were greater than theindividual interests of entrusted person. Due to such course, the justifiablenessand independency of the appraisal contract required substantial notice. Other thanthat, by presenting the appraisal report as the finalized result of the appraisalcontract, it has to constitute properties of mixed contract. The civil liabilities ofreal estate appraiser could be divided into misconduct, non-performance, andinfringement behavior. Regards to infringement behavior, the liabilities anddamage compensation were regulated in the Article 16 of Real Estate AppraiserLaw.

The establishment of the Real Estate Appraisal Law empowered appraiserswith the professional certification status over the real estate rightful values, andthe appraisal report was the result presentation of appraisers’ professionalknowledge and skills. Through research exploration, the legal properties ofappraisal contract, base on the user of appraised result and third parties other thanthe entrusted person, was that its public liabilities were greater than theindividual interests of entrusted person. Due to such course, the justifiablenessand independency of the appraisal contract required substantial notice. Other thanthat, by presenting the appraisal report as the finalized result of the appraisalcontract, it has to constitute properties of mixed contract. The civil liabilities ofreal estate appraiser could be divided into misconduct, non-performance, andinfringement behavior. Regards to infringement behavior, the liabilities anddamage compensation were regulated in the Article 16 of Real Estate AppraiserLaw.