| 英文摘要 |
Due to this term related to the folk supernatural legend, the word “Inauspicious House” should not be regarded as a legal term. In the past society, C is only a private rhetoric of private discussion. In addition, such an event is not a case should dealt with by the law because it does not conform to the social atmosphere “emphasizing scientific dialectics and denial of superstition” at that time. In recent years, real estate purchasing has become a huge burden because of the rising of the real estate prices. Therefore, if someone in the house died because of suicide or homicide, the house is almost impossible to rent or sell, and most people do not want to live in the house of that kind of situation. The result is that the right (disposition, usages, and profits) on the house is seriously damaged. The discussion of this issue can be divided into two parts: the contract liability and the tort liability. In the contract law, the question of the study will be cut from the warranty for defective goods. In the tort law, the discussion must be through the interpretation of the tort liability as a starting point. The court took a negative attitude towards whether the murder or suicide is a violation of the ownership of the house. The court believes that the house can still provide the function of usages and profits, because those acts did not damage the physical function of the house and land. Since the house can still provide the function of usages and profits, the only value be affected is the “consequential loss”, which can only be protected by the second sentence of article 184, paragraph 1 of the Civil Code while suicider has “intentional” and “responsibility”. In order to make the legal interpretation of the Inauspicious House consistent with the expectations of the community, this article will examine the appropriateness of this legal opinion by analyzing the elements of “tort liability”. |
