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Professor Wu Congzhou: Current Issues of Civil Practice in Taiwan

On the evening of June 28, 2018, the 469th session of the Frontier Forum of Civil and Commercial Law, and the 10th session of Antong Forum "Current Issues of Civil Practice in Taiwann" was held in Room 725, Mingde Law building, Renmin University of China. Wu Congzhou, professor of Taiwan University Law School, director of the Civil Law Center of Taiwan University Law School, and deputy director of the International Exchange Center of Taiwan University, delivered the keynote report. Dean Wang Yi, associate professor Zhu Hu and assistant professor Xiong Bingwan attended the forum and participated in the discussion. Prof. Yao Hui of Renmin Law School presided the forum.

At the beginning of the forum, Prof. Yao introduced Prof. Wu Congzhou and expressed his warm welcome and gratitude.

Then, Prof. Wu launched a fascinating report based on three practical problems existing in mainland China and Taiwan: name-borrowing registration, illegal construction and infringement of haunted houses.

First of all, Prof. Wu introduced the meaning, nature, internal effect, burden of proof and external effect of name-borrowing registration contract from the perspective of the judgment and opinion of Taiwan district court. On the issue of external validity, he pointed out that there are three views on the validity recognition of the disposing of property. In practice, the theory of valid disposition has been confirmed.

Then, Prof. Wu discussed the problem of illegal construction. In practice, the illegal construction must not be registered, thus the ownership cannot be acquired through transfer. Prof. Wu stated that, according to the principle of consistency of legal order, illegal construction is illegal in both administrative law and civil law. Therefore, its legal character should be redefined as "three quarters of prohibited objects".

Finally, Prof. Wu talked about the problem of the infringement of haunted houses, that is, one party committed murder or suicide in the exclusive part of the house during the period of property ownership, which resulted in the economic depreciation of the house. According to Prof. Wu, it is difficult to establish compensation for property infringement or purely economic loss in such a situation, and the infringement of haunted houses should be recognized as "extrajudicial space", which cannot be simply evaluated as legal or illegal. Whats more, the risk of house devaluation brought by suicide can be dispersed and digested through insurance.

In the discussion period, Prof. Wang pointed out that the three practical problems mentioned also exist in mainland China, but there are differences in related issues. On the issue of illegal construction, Prof. Wang pointed out that under the circumstances of high housing prices in mainland China, especially Beijing, illegal construction has assumed the function of providing cheap housing. Thus, it needs more consideration of interest. As for the infringement of haunted houses, Prof. Wang stated that the tort liability law in mainland China has another idea to share the risk, legal compensation obligation. Prof. Wang believed that the judge can invoke legal compensation obligation to allocate the loss in practice.

Associate professor Zhu Hu from Renmin Law School said that Prof. Wu's speech has inspired him greatly. Law is the combination of legal doctrine and legal policy, and many judgments in practice are the results of interest evaluation.

Assistant professor Xiong Bingwan claimed that Prof. Wu has expressed a clear value-orientation in the report, that is the protection of social interests, which reflects profound humanistic care.

After that, Prof. Wu responded briefly to the views shared by the guest speakers and answered questions from students on the spot. The host Prof. Yao expressed his thanks to Prof. Wu and the guest speakers. The Frontier Forum of Civil and Commercial Law concluded with warm applause from the audience.

(Editor: Yinsheng Qu)

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