The prescription system is intended for the public interest. That a property right acquired by acquisitive prescription is protected by the Constitution was made clear in our Interpretation No. 291. Superficies is the right to use the land of another person for the purpose of owning thereon structures or other work or bamboo stands or trees. It is a right of using the land owned by another person, and is by nature a type of usufruct. While a co-owner of land is, by operation of his ownership, entitled to use the whole common property and collect fruits therefrom in proportion to his own share, he must obtain the consent of all the other co-owners before he can use and collect fruits from the specific part of the common property. Upon the unanimous consent of all co-owners, an encumbrance may be created on the common property, and a superficies may likewise be created in favor of one or more of such co-owners. The same holds true where a superficies is created on jointly owned land in favor of one or more of the joint owners. It then follows that one owner or several co-owners or joint owners who has/have taken possession of land under ownership in common or joint ownership with the intention to exercise superficies over the land of other persons is/are entitled to apply to have himself/themselves recorded as owner(s) of superficies by reason of acquisitive prescription under Articles 769 and 770 of the Civil Code made applicable mutatis mutandis pursuant to Article 772 of the Code. The Guidelines for Review on the Registration of Superficies Acquired by Prescription issued by the Ministry of Interior per letter Tai-Nei-Ti No. 62146 dated August 17, 1988, which prescribe in Section 3, Subsection 5, that a co-owner may not apply for the registration of superficies by reason of acquisitive prescription over land under ownership in common, are inconsistent with the essence of our opinion given above and also contrary to the purpose of the Constitution in protecting the property right of the people. Thus, this provision must be held inoperative.

　　　 The prescription system is intended for the public interest. That a property right acquired by acquisitive prescription is protected by the Constitution was made clear in our Interpretation No. 291. It is explicitly provided in Article 832 of the Civil Code that superficies is the right to use the land of another person for the purpose of owning thereon structures or other work or bamboo stands or trees. It is a right over things existing on the land owned by another person for the purpose of using such land, and is by nature a type of usufruct. While a co-owner of land is, by operation of his ownership, entitled to use the whole common property and collect fruits therefrom, such right may be exercised only in proportion to his own share. If a co-owner makes use of or collects fruits from the common property in excess of his share, his act will result in injuries to the interests of other co-owners and thereby constitute infringement of the ownership of other persons. Therefore, a co-owner must obtain the consent of all other co-owners before he can use and collect fruits from the specific part of the common property, rather than enjoying any right to freely use or collect fruits from the whole or any part of the common property. It follows that one or more of the co-owners may enter into an agreement with all the other co-owners for separate administration of the land owned by them in common, and that, upon the unanimous consent of all co-owners, an encumbrance may be created on the common property, and a superficies may likewise be created in favor of one or more of such co-owners. Where the land is jointly owned by several persons, the right of each joint owner extends to the whole of the land under joint ownership. This is expressly stated in the Civil Code in Article 827, Paragraph 2. Nevertheless, the Code also provides in Article 828 that "the rights and duties of joint owners shall be determined in accordance with the law or contract whereby the joint relationship is prescribed," and that "unless otherwise provided by the law or contract as specified in the preceding paragraph, the disposition of the property under joint ownership and the exercise of other rights pertaining thereto are subject to the consent of all joint owners." Hence, where one or several joint owners, by operation of the law or contract whereby the joint relationship is prescribed, make use of or collect fruits from the land under joint ownership, the act constitutes an exercise of the rights based on the joint relationship. Where a superficies is created by all joint owners over the jointly owned land in favor of one or more of the joint owners, the act constitutes a disposition of the jointly owned property, and the owners of superficies have thus acquired a usufruct in consequence of such act of disposition. Since superficies is a type of right over things, it is of course acquirable by prescription. However, the primary element for acquisition of superficies by acquisitive prescription is possession of the land of others with the intent to exercise superficies thereon. In the absence of such intent as supported by the nature of the facts from which the possession originated, the acquisitive prescription shall not begin to count unless there occurs an event because of which the possession becomes one with such intent. Thus, the possession of the land is based ab initio on the possessor's status as a co-owner, the exercise of the right which a joint owner may enjoy by virtue of the joint relationship, or an intent of taking an unauthorized possession, rather than based on the intent to exercise superficies, nor is it a possession that becomes subsequently one with the intent to exercise superficies as prescribed in Article 945 of the Civil Code. In other words, the possession lacks the elements required for acquisition by prescription. Conversely, If the co-owner or joint owner who possesses the land under co-ownership or joint ownership expresses to the other co-owners or joint owners who put the land in his possession the intent to make it subsequently a possession for the purpose of exercising superficies, he is certainly entitled to claim acquisition of the superficies by prescription under Articles 769 and 770 of the Civil Code, which are made applicable mutatis mutandis by Article 772 thereof, and to apply to have himself registered as an owner of superficies. The Guidelines for Review on the Registration of Superficies Acquired by Prescription issued by the Ministry of Interior per letter Tai-Nei-Ti No. 62146 dated August 17, 1988, which prescribe in Section 3, Subsection 5, that a co-owner may not apply for the registration of superficies by reason of acquisitive prescription over land under ownership in common, are inconsistent with the essence of our opinion given above and also contrary to the purpose of the Constitution in protecting the property right of the people. Thus, this provision must be held inoperative.