Civil Law and Civil Procedure
What the section tests
Civil law and civil procedure test the Civil Code’s general principles, obligations, torts, property, and the rules of civil litigation.
Core rules
- Good faith: rights must be exercised in good faith; abuse of rights is prohibited (Art. 148).
- Contract liability: breach gives rise to specific performance, damages, and termination.
- Tort: Art. 184 requires a wrongful act, damage, causation, and fault.
- Limitation: 15 years generally; 2 years for tort from knowledge, with a 10-year long-stop.
- Civil procedure: party presentation (辯論主義), burden of proof (Art. 277), and res judicata.
Worked example
A contracts to sell land to B, then sells and registers it to C. B sues for transfer. Because C has completed registration, B’s claim for specific performance fails if C is a bona fide third party. B may claim damages for breach of contract. If C knew of the prior sale and induced the breach, B may also have a tort claim. Registration determines property rights; the earlier contract only creates a creditor’s right.
Traps
- Confusing termination with revocation.
- Using the wrong limitation period.
- Assuming a contract always defeats a later registered transfer.
- Ignoring the burden of proof.
- Treating a judgment as appealable after res judicata.