| 英文摘要 |
From the perspective of “uniformity and consistency for legal order” and “consistency of illegality”, an illegal structure is by nature illegal under both civil and administrative law. Illegal structures are unregistered constructions which are against the law, and thus shall be deemed as prohibited from being the subject of transaction. According to Taiwan High Court Judgment Case No. 102, Shang Zi, 1188 (“Case”) and other court rulings, the courts are of the opinion that, despite the buyer’s knowledge of illegal structures, he/she was not aware of the fact that such illegal structures have been reported and ordered to be demolished; seller’s failure to inform buyer of the foregoing constituted breach of guarantee of the subject of sale. Notwithstanding the foregoing, the courts’ opinion is not accepted in this article. Furthermore, the court has afforded the owner of an illegal structure “de facto right of disposal”. Such right is by nature incomplete, thus we should not even consider affording illegal structures a complete and entire right in rem. The existence of illegal structures lacks “consensus” required under customary law, and is in breach of public order and morality; as such, “de facto right of disposal” in illegal structures does not constitute customary law, meaning Article 767 of Civil Code does not apply to illegal structures mutatis mutandis
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