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Reclaiming Real Estates Registered under Borrowed Names：
Focusing on Statutory Basis for Claims and its Relevant Facts
Name-borrowing agreements,unjust enrichment,claims in rem,burden of proof,probative force of indirect evidence,
|Publication Year :||2019|
It is a prevalent practice in Taiwan to register one’s real estates under borrowed names, and many litigations arise out of the agreements of borrowing names (hereinafter, “name-borrowing agreements”). When the borrower of names files a suit to reclaim the registered property, two prerequisite questions must be answered: (1) To whom does the ownership belong? (2) What are the statutory basis for such claims? Although a few theories have been proposed in literatures as attempts to dissect the legal relations under name-borrowing agreements, there are, as this paper points out, weaknesses in these theories, i.e., they do not satisfactorily account for all pertinent cases. This paper argues that all name-borrowing agreements must be classified into three categories according to their factual background (hereinafter, “classification theory”), and that the statutory basis for claims should include contractual claims, unjust enrichment, and, where applicable, claims in rem.
Aside from the substantive law issues mentioned above, this paper also explores the procedural implications of such issues. Although the Supreme Court adheres to a specific standard of allocating burden of proof, the rationale of its standard is neither clearly articulated nor well-constructed. In this light, this paper applies classification theory and suggests a more detailed and thorough analysis of burden of proof in litigations involving name-borrowing agreements. Moreover, this paper examines possible indirect evidence that the parties might produce, and weighs its probative force in substantiating a case.
|Appears in Collections:||科際整合法律學研究所|
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