ศาลปกครอง

The Consideration of the Car Purchaser’s Age according to the Government Project of First New Car for Refund

According to the Cabinet Resolution, “the purchaser” under the government policy of first new car project means the person who purchases the first new car both in the case of purchasing car by cash and in the case of hire-purchase. As for the consideration of the aging criteria for requesting the refund, the purchaser thereof must have the completion of the twenty-one years of age or older. In the case of purchasing car by cash, it will consider the age of the purchaser on the day the sale contract is made. In the case of hire-purchase which is the juristic act, it is required by the law to be a written form and such contract of hire-purchase is void unless made in writing according to Section 152 and Section 572 of the Civil and Commercial Code. Therefore, in the case of hire-purchase, the purchase’s age must be considered on the date that the hire-purchase contract was made. It could not consider on the date of a car reservation since such car reservation contract was neither a sale contract nor a hire purchase contract, which could make the Plaintiff eligible to be the car purchaser under the above-mentioned Cabinet Resolution. Consequently, the Plaintiff was over twenty-one years old when the car-hire-purchase contract was made; the Plaintiff was hence eligible to receive a refund under the Government Policy of First New Car.