英文摘要
|
The fourth paragraph of Article 799-1 regulates the rights and duties that derive from the master deed between the owners shall be binding upon the owners' successors. The rights and duties deriving from other agreements shall also be applied to the specific successor, who knows or has a reason to know the content of the agreements. A distinction between the master deed and other agreements is made by examining whether or not the agreement is to be effective against a third person. The latter paragraph is based on J.Y. interpretation No.349, which is very rare in the comparative law and is unique in our country. This paper researches the scope of the so-called "other agreements" from the evolution of the fourth paragraph of Article 799-1, by looking at the content of the agreements included and the manner of the agreements formulated. Whether or not "other agreements" could be retroactively applied? How to discern the situation of having a reason to know the content of the agreements? This article has in-depth elaboration on those topics. In particular, Article 826-1 is also a norm governing the effective regulation against the third person, on what occasion and which of these two articles should have the priority to be applied, and how they would compete against each other are important topics worth further exploring.
|