Let's look at the everyday relationships governed by Civil Law. Typically, it will involve property and family. Rules governing property relationships constitute property law, and those governing family relationships constitute family law. Property relationships governed by Civil Law can be summarized with the following example. Two rights owners A and B own respective properties referred to as Alpha and Beta. The properties here, maybe physical items, money, services or similar. A and B negotiate and agree to exchange Alpha and Beta. However, the third-party C infringes on the rights of A and B concerning Alpha and Beta. In the establishment of rules governing relationships among individuals in such a situation, three, relationships must be regulated. The first one are those between A and Alpha and between B and Beta, which is called "owner relationship". The second one is based on the arrangement between A and B, which is called "contractual relationship". The third one is the relationship between A and C and between B and C, which is called "infringement relationship". When infringed by C, there are two types of remedies that A and B may have. Next, let's take a look at case 2. A owns a vacation house referred to as Alpha. When she went there after a prolonged absence, she found C squatting there. First, there is ownership between A and Alpha. That is to say, A owns Alpha. A's right to demand that C, vacate Alpha involves a claim for the elimination of interference based on the right of A's ownership. Next is case 3. A owns a vacation house referred to as Alpha. When she went there after a prolonged absence, she found C preparing to squat there. A's right to demand that C not to occupy Alpha involves a claim for prevention of interference also based on the rights of A's ownership. In case 4 A lent C her book referred to as Alpha for a few days but C failed to return it after the agreed period. A's is right to demand that C returns Alpha involves a claim for restitution or return based on the right of A's ownership. These three rights are generally known as claims for real rights. They regulate the third relationship, infringement relationship, but are derived from the first one, the ownership. Next, we will talk about the right to demand compensation for damages in torts. In case 2, negligent use of the vacation house by C resulted in broken windows and doors, as well as extensive soiling of floors and walls. Here A's right to demand compensation from C for the damage caused, involves the right to demand compensation for damages in tort, which is the Article 184 of the Civil Code. The Civil Law expresses the aforementioned three relationships in terms of concept of rights. This section examines how such rights are expressed. Essentially, rights in Civil Law are roughly divided into two rights. The first one is the Rights in Rem, and then second one is the Rights in Personam. In terms of the Right in Rem or the right to ownership, it incorporates, the right to completely control the item owned. In other words, the owner has the right to freely use, obtain profit from lending, sale for cash, or dispose of the item, which is provided by Article 765 of the Civil Code. However, complete control, ownership alone may not be sufficient in terms of the scope of rights required in society. The right to partially control things which is restricted real rights is also necessary. For example, real rights should be applicable only to control the usefulness of land. That is, the value derived from its usage, also known as a right as "Usufruct". The real rights should also be applicable only to separately control its exchange value, that is, sale for cash, also known as real rights granted by way of security. Next, in case 6, A owns a land referred to as Alpha and has established superficies on it so that B can construct and own building on it in the future. In this case, B will construct and own a building on Alpha and he has to pay rent to A which is provided by Article 832 of the civil code. In case 7, let's suppose that office worker A owns a land referred to as Alpha with a market value of 8 million NT dollars having taken out 6 million NTD mortgage on it from a bank referred to as B. However, A was led off and is now unable to make a mortgage payment to B. B may put the land up for auction and recover 6 million NT dollars from the auction price, which is provided by Article 860. In this way, while A maintains ownership per se, she may transfer some ownership functions to B. In other words, while keeping the land, Alpha, A may transfer to B the usufruct involving only the usefulness or the real rights granted by way of security involving only the exchange value. When a contract is concluded between A and B, both parties obtain the rights to have the other perform certain acts, as well as the duty to perform such acts was requested. In abstract terms, right's arising from contractual relationship are those of a certain party to have another party to perform certain acts, these are called claims. Conversely, one party may assume duties involving the performance of certain acts for another, these are called obligations. Obligation Law governs relationships involving claims, so we will take case 8-10, for example. In case 8, A concluded a contract with B to sell A's vacation house, referred to as Alpha, to B for three million NT dollars and next in case 9, in the situation of case 8, A deliver the house keys to B and completed the title transfer registration, but B has not paid to purchase fee to A. On contrary, in case 10, in the situation of case 8, B paid a purchase fee to a but A has not delivered the house keys or completed the title transfer registration procedure. When A and B conclude or sales contract over the real property, Alpha, the seller A, acquires a claim to demand the buyer B to pay the purchase fee. That is to say the buyer, B assumes an obligation to the seller A, to pay the purchase fee. The buyer B acquires a claim to demand that the seller A, deliver the property and also complete the title transfer registration, which means that the seller A, assumes an obligation toward the buyer B to carry out these duties. Claims and corresponding obligations arise from contractual relationships with sales contract relationship, in particular, two cleanse and corresponding obligations arise. When two obligations arise from a single contract in this way, the agreement is known as bilateral. On the other hand, if only one obligation arises, it is known as unilateral. For example, the contract of gift is a typical unilateral contract. Thus, real rights, that is the right to control items owned arise when owner relationships are made and claims, that is the right to demand the other party perform certain acts and the corresponding obligations arise when contractual relationships are made. As we said, claims arise when contractual relationships are made. It means that the contracts give rise to claims. Logically, however, claims do not arise only from contractual agreements. The right to demand compensation for damages in tort, for example, is also a claim and tort thus also give rise to claims. For example, in case 5, the right of A to demand compensation from tortfeasor C is also a claim. We've looked at the basic structure of the civil law and different types of rights acknowledged by civil law so far.
