2020年民事法發展回顧：民事財產法裁判觀察

Developments in the Law in 2020: Civil Law

2020年，最高法院作成諸多民事法上的重要裁判，論證精彩，說理詳盡，極具參考價值。本文挑選其中若干較具代表性或開創性之見解，簡要介紹分析，包含但不限於：該年度所作成之「大法庭裁定」、最高法院自行收錄之「具有參考價值裁判」等。蒐錄領域則橫跨債法（兼含契約法、侵權法）、物權法及身分法；具體而言，議題主要涉及：冒名行為、告知後同意法則、法人侵權責任、不作為侵權之作為義務、環境權、撤銷有害債權、連帶債務人之內部約定、讓與擔保、適足居住權、共有人優先承購權、舊法收養要件等法律關係。本文在上開議題範圍之內，回顧我國最高法院見解之最新發展現況，並分析、比較審判實務的向來見解，進而指出未來值得觀察、追蹤的後續發展。

This article reviews, introduces and analyzes the developments of civil practice decisions in 2020. In 2020, the Supreme Court (Taiwan) had made lots of important decisions in civil law, with brilliant arguments and deeply-detailed explanations, which are of great reference value indeed. This article selects some judgments, which are more representative or have more groundbreaking insights, and briefly introduces the analysis, including but not limited to: the “grand court rulings” made during the year, the “reference judgments” collected by the Supreme Court itself and so on. The searching field includes contract law, tort law, “Sachenrecht” (property law) and family law; specifically, these topics mainly involve: 1. the civil legal issues associated with “Handeln unter fremden Namen” (fake identities); 2. the role of the “doctrine of informed consent” both in tort law and contract law; 3. the tort liability of juridical persons, which is finally certainly recognized by the Taiwanese Supreme Court in 2020; 4. tort liability of internet platform; 5. environmental right as a “protected object” in tort law, especially in Article 195, Paragraph 1 of the Civil Code; 6. the internal agreements of joint debtors; 7. the so-called “ownership assigned as a guarantee” as a type of custom property, which was firstly accepted in the Taiwanese legal practice; 8. the relationship between “right to adequate housing” and “property right”, especially Article 767 of the Civil Code; 9. “Vorkaufsrecht” (right of first refusal) of co-owners; 10. the requirements of adoption in the former version of Civil Code, which was promulgated on December 26, 1930. Within the extent of the mentioned topics above, this article reviews the latest developments in the decisions of the Taiwanese Supreme Court, analyzes and compares the historical opinions of judicial practice, and then points out follow-up developments that are worth observing and tracking in the future.