Condominium Law in Taiwan: Doctrinal Overview Under the Lens of Information-Cost Theory

33 Pages Posted: 5 Mar 2016 Last revised: 22 May 2016

See all articles by Yun-chien Chang

Yun-chien Chang

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

Date Written: February 2016

Abstract

This article describes the law relating to condominiums (‘condominium law’) in Taiwan, a densely populated country with many people residing in apartments. The Condominium Administration Act and Taiwan Civil Code are the major sources of the law, in addition to various land use regulations and court precedents. Several features and problems stand out among the intricate web of condominium law. First, the law gives condominium bylaws spacious room to supersede the default rules set by statutes, yet condominium bylaws are merely available upon request and need not be registered. Second, since day one it has been unclear whether a condominium association (or a condominium board) has juridical personality and who owns the common fund. Courts and scholars still differ as to what the judicial and legislative solutions are. Third, apartment owners and condominium boards have used courts as a viable dispute-resolution mechanism. Condominium boards have successfully evicted unneighbourly inhabitants and have even forced uncooperative apartment owners to sell their titles. Apartment owners, on the other hand, have persuaded courts to vacate unfair condominium bylaws.

Keywords: Right to possess, physical control, owner-possessor, possessor-agent, limited-right-possessor, indirect possession, Draft Common Frame of Reference (the DCFR)

JEL Classification: K11

Suggested Citation

Chang, Yun-chien, Condominium Law in Taiwan: Doctrinal Overview Under the Lens of Information-Cost Theory (February 2016). Asia Pacific Law Review, Vol. 23, No. 2, 2015; University of Chicago Coase-Sandor Institute for Law & Economics Research Paper No. 751; U of Chicago, Public Law Working Paper No. 568; Kreisman Working Papers Series in Housing Law and Policy No. 36. Available at SSRN: https://ssrn.com/abstract=2741224

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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