承攬人抵押權之登記

Registration of the Contractor’s Mortgage

Article 513 of the Civil Code stipulates that the contract of hire of work is for the construction of a building or other works on land, or for vital repairs on such building or works, the contractor in accordance with the remuneration of the contracting relationship of work on the real property of the hirer upon which the work is done, may demand the hirer to register a right of mortgage, or may demand to register a right of mortgage in advance to the real property of the hirer which will be completed in the future. And the right of mortgage registered in accordance with the remuneration of repairing, up to the extent of the value of the work increased by repairing, is superior to the mortgage registered earlier.
This article selects and explains three civil judgments on the contractor’s mortgage rights (Mechanic’s Lien), including the Supreme Court’s Judgment 112 Taizi No. 1583, the 112 Taizi No. 2027, and the Taiwan High Court’s Judgment Taichung Branch’s 112 Chongshang Zi No. 164 . And from the perspective of focusing on real estate registration, the key points of matters related to the contractor’s mortgage registration are explained.