Interpretation
J.Y.
Interpretation |
NO. 93
|
| Date |
1961/12/6 |
| Issue |
Should a convenience track be considered immovable property? |
| Holding |
1 A convenience track that is adjacent to contiguous plots of land and has some kind of economic purpose is considered to be immovable property, unless it is used for some temporary purpose.
|
| Reasoning |
1 Pursuant to Article 66, Paragraph 1, of the Civil Code, “a fixed object” refers to something that is not a component of contiguous plots of land and is continuously adjacent to such land, has some kind of economic purpose and is not easily moved. Unless it is used for some temporary purpose, a convenience track should be continuously adjacent to land. Even if a structure is built on a convenience track (such as a house), the convenience track does not lose its nature of a fixed object. Thus, a convenience track should be considered as immovable property.
'Translated by Lawrence L. C. Lee.
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