Part Ⅲ Rights In Rem
Chapter 1 General Provisions
No rights in rem shall be created unless otherwise provided by the statutes or customs.
The acquirement, creation, loss and alternation of rights in rem of real property through the juridical act will not effect until the recordation has been made. The acts as specified of the preceding paragraph shall be made in writing.
A person, who has acquired rights in rem of real property by succession, compulsory execution, taking, a judgment of the court or other non juridical act before recordation, shall only dispose of such rights until recordation has been made.
If a right in rem of real property has been recorded, the right-holder recorded in the register is presumed to own the rights legitimately.
If a bona fide third party in reliance of the real property recordation has recorded an alternation to the right in rem of real property pursuant to a juridical act, the validity of the alternation shall not be affected by the original false recordation of a right in rem.
The transfer of rights in rem of personal property will not effect until the personal property has been delivered. However, if the transferee has been in possession of the personal property, the transfer effects when the parties agree to such transfer.
In the transfer of a right in rem of personal property, where the transferor is still in possession of it, a contract causing the transferee to acquire its indirect possession may be made between the parties in the place of its delivery.
In the transfer of a right in rem of personal property, where a third party is in possession of it, the transferor may transfer the claim against such third party for the return of it to the transferee in place of its delivery.
If the ownership of a thing, and any other right in rem of the same thing assigned to one and the same person, such other right in rem of thing is extinguished by merger, except the owner or a third party has a legal advantage in the continuance of such other right in rem.
If any right in rem other than ownership and any right of said right in rem assigned to one and the same person, such right of right in rem is extinguished by merger.
The exception of the provision in the preceding article shall apply mutatis mutandis to the case of the preceding paragraph.
Unless otherwise provided by the statute, rights in rem are extinguished by waiver.
If the third party has any right in rem of said right in rem or other legal advantage of said right in rem, the waiver of the preceding paragraph shall only be made with the consent of the third party.
A person, who has waived the right in rem of a personal property, shall also abandon the possession of the personal property.