您的瀏覽器不支援JavaScript語法,但是並不影響您獲取本網站的內容
司法院內部與外部景觀圖片動畫
::: | | 大法官 | 案件審理 | 大法官解釋 | 相關法規 | |
 
多條件查詢頁面按鈕

 

:::
 

大法官解釋表頭

(釋字第 186 號 )      友善列印PRINT  
Interpretation
J.Y.
Interpretation
NO.186 
Date 1984/3/9
Issue Is a person who has suffered injury as a result of his right to corporate stocks being invalidated by a court judgment entitled to make a claim for damages sustained or for restitution on the ground of unjust enrichment if his right cannot be restored despite the revocation of such judgment?
Holding
1
    Where an invalidating judgment declaring a stock certificate null and void is revoked, the effect of the original stock certificate shall be restored. If, however, a new certificate has been issued by the issuing corporation to replace the certificate nullified, and the stockholder's interest in such stock has been legally acquired by a bona fide assignee, it would be no longer possible for him to restore the effects of such stock. In such a circumstance, the person who has suffered injury as a result of his right being invalidated is entitled to make a claim under law for damages sustained or for restitution on the ground of unjust enrichment. This is to supplement Interpretation Yuan-tze No. 2811.
Reasoning
1
    Where a security is declared null and void by an invalidating judgment, the party filing the petition for such judgment is entitled to claim against the party bound to perform obligations under the security for all rights in connection with such security. Consequently, the bearer of the security is not entitled to exercise his rights appertaining to such security (Code of Civil Procedure, Article 564, Paragraph 1, and Article 565, Paragraph 1). In the case where the invalidating judgment declaring nullification of the security is revoked, the effect of such judgment is extinguished retroactively, and the original security must of course resume its effect. A stock certificate is a type of security. Where an invalidating judgment declaring a stock certificate null and void is revoked, the effect of the original stock certificate shall be restored. If, however, a new certificate has been issued by the issuing corporation to replace the certificate nullified, and the stockholder's interest in such stock has been legally acquired by a bona fide assignee, and the bearer of the original stock certificate has become unable to exercise his right on the stock for reason of maintaining the safety in security transactions as contemplated in the provision of the Code of Civil Procedure, Article 565, Paragraph 2, it would therefore no longer be possible to restore the effects of such stock. In such a circumstance, the person who has suffered injury as a result of his right being invalidated is entitled to make a claim under law for damages sustained or for restitution on the ground of unjust enrichment. This is to supplement Interpretation Yuan-tze No. 2811.

'Translated by Raymond T. Chu.
Opinion Chinese only
 

BACK

 
 
::: Home 中文(Chinese) Site Map
 
使用聲明 Copyright©2004 JUSTICES OF THE CONSTITUTIONSL COURT. JUDICIAL YUAN 本網站建議使用解析度為1024*768全彩及Explorer5.5以上瀏覽器     通過A+等級無障礙網頁檢測
多條件查詢頁面連結點 解釋爭點總覽頁面連結點