The Evolution of Property Law in Taiwan: An Unconventional Interest Group Story

Private Law in China and Taiwan: Law and Economic Analyses (edited by Yun-chien Chang, Wei Shen, and Wen Yeu Wang), Cambridge University Press, 2016, Forthcoming

36 Pages Posted: 19 May 2015

See all articles by Yun-chien Chang

Yun-chien Chang

Academia Sinica - Institutum Iurisprudentiae (IIAS); New York University School of Law

Date Written: May 1, 2015

Abstract

This chapter first gives an overview of the several types of lesser property interests allowed by the Taiwan Civil Code and provides statistics as to how often property owners in Taiwan utilize these forms. The Book of Things in Taiwan Civil Code was overhauled between 2007 and 2010. This chapter coded the amendments and found: (1) 97% of the proposals by the task force (composed of property scholars and judges) were accepted verbatim by the legislature; (2) property laws in Japan, Germany, and Switzerland heavily influenced this round of amendments. The (unconventional) story behind the legal changes is that scholars and judges are the “interest group” that drives these amendments. The business world is generally uninterested in changing the abstract Taiwan Civil Code. Generally speaking, the new law, as proposed by this interest group, is more efficient than the old law, as, for instance, the new law decreases information costs for third parties in several aspects. The findings also have implications for the debate regarding the evolution of property rights and the long-term efficiency of the common law versus statutes.

Introduction can be found at: https://ssrn.com/abstract=2875974

Keywords: Interest group, efficiency, scholar, information costs, registration, boundary encroachment, use rights, security rights, ownership

Suggested Citation

Chang, Yun-chien, The Evolution of Property Law in Taiwan: An Unconventional Interest Group Story (May 1, 2015). Private Law in China and Taiwan: Law and Economic Analyses (edited by Yun-chien Chang, Wei Shen, and Wen Yeu Wang), Cambridge University Press, 2016, Forthcoming. Available at SSRN: https://ssrn.com/abstract=2605755

Yun-chien Chang (Contact Author)

Academia Sinica - Institutum Iurisprudentiae (IIAS) ( email )

128 Academia Sinica Rd., Sec. 2
Nankang
Taipei City, 11529
Taiwan

New York University School of Law ( email )

40 Washington Square South
New York, NY 10012-1099
United States

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