The owner of an immovable property may, after the creation of a right of dien on his property, create a mortgage to another person on the same property to the extent that the dien is not affected. Our Interpretation Yuan-tze No. 192 is reaffirmed without the necessity of change.

       The right of dien is a right to use the immovable property of another person and to collect profits therefrom by paying a price and taking possession of the property. It differs from, but does not preclude, the creation of mortgage, which is a right over a thing created to secure the performance of a debt without having to transfer the possession of the property. The owner of an immovable property does not lose his title to the property by creating a right of dien thereon. Therefore, the Civil Code, in Book III, "Right Over Things", does not prohibit a property owner from creating a mortgage to another person on the same property insofar as the right of dien is not affected. Our Interpretation Yuan-tze No. 192 is reaffirmed without the necessity of change. 

*Translated by Raymond T. Chu.