taiwan civil law

When ordering commencement of guardianship, the court shall elect one or more guardians among spouse, any relative within the fourth degree of kinship, relative resides together in recent year, competent authority, organization of social welfare or other proper person; and the court shall also appoint persons for drawing up an inventory of the ward’s property. When the recipient unjustly enriched transferred gratuitously whatever he has received to a third party, and therefore the recipient is released from his obligation to return the interests, such third party shall be bound to make restitution to the extent which the recipient is released from his obligation. The provisions of the second paragraph of Article 221, the second and the third paragraphs of Article 223, the second paragraph of Article 224, Article 225, Article 227 to Article 230 inclusive, the second paragraph of Article 231, Articles 232 and Article 233 shall apply mutatis mutandis to rulings. The borrower shall return things of the same kind, quality and quantity as lent, within the agreed deadline.
Where a marriage is concluded contrary to the provision of Article 980, the party concerned or his statutory agent may apply to the court for its annulment; but such application may not be made, where the party concerned has attained the age specified in the said article or where the woman has become pregnant. If, at the time of the making of the contract, only an approximate estimate has been made for remuneration, and if, owing to circumstances for which the proprietor is not responsible, the remuneration will greatly exceed the estimate, the proprietor may rescind the contract either during the execution of the work or after its completion. The mandate terminates when one of the parties dies, or bankrupts, or loses his capacity to make juridical acts, unless it is otherwise provided by contract, or unless, from the nature of the affairs commissioned, such mandate cannot be extinguished. Either the husband or the wife must have the consent of the other for disposing of the common property. If the mandatory has used for his own interests money which he shall have delivered to his principal or to have used in the interests of the principal, he shall pay interest thereon from the date when he used it for his own interests. The court of third instance shall base its judgment on the facts found in the original judgment. With the permission of the court, the oral-argument transcript may omit some matters which should be indicated in the ordinary proceeding, except where the party has raised an objection to such omission. A juridical act which violates an imperative or prohibitive provision of the act is void except voidance is not implied in the provision. The provisions of this Chapter regarding right of retention apply mutatis mutandis to any other rights of retention, provided that if there are separate provisions regarding such other rights of retention, those provisions shall govern. When interest or other remuneration has been agreed upon for a loan for consumption and if the thing lent is defective, the lender shall exchange it for another free from defect. Notwithstanding, where the court's inability to perform its functions is due to war, the proceeding shall be stayed automatically until the expiration of six months after the court declares that it can resume its functions. Where a force majeure or other unavoidable events prevent the court from performing its functions, the proceeding shall be stayed automatically until the court declares the resumption of its functions. A security payable to bearer is securities by which the bearer may claim from the maker a prestation according to the tenor thereof. He shall give a definite report of his account at the end of the mandate. The right of rescission shall be exercised with the expression of intent to the other party. Article 1003     In daily household matters, the husband and the wife act as agents for each other. Litigation expenses shall include fees incurred by a party to the action, by the statutory agent or by any other person who duly conducts acts of litigation on behalf of a party to the action for appearing at a court session to make statements, whether such appearance is ordered by the court or for purposes of conducting the examination of parties. (1) When multiple parties, whose common interests have arisen from the same public nuisance, traffic accident, product defect, or the same transaction or occurrence of any kind, appoint one or more persons from themselves in accordance with the provision of Article 41 to sue for the same category of legal claims, the court may, with the consent of the appointed party, or upon the original appointed party's motion which the court considers appropriate, publish a notice to the effect that other persons with the same common interests may join the action by filing a pleading within a designated period of time specifying: the transaction or occurrence giving rise to such claim; the evidence; and the demand for judgment for the relief sought. The presiding judge may, if he/she is of the opinion that the preparation for oral argument has not been completed, order the parties to submit a preparatory pleading or answer with complete indications in accordance with the provisions of Article 265 to Article 267 inclusive, within the period of time such judge designates, and may also order them to specify or state in detail the evidence which they propose to use with regard to a certain matter. In daily household matters, the husband and the wife act as agents for each other. A note to the above effect, if any, shall be made in the transcript.

If the guaranty is given for an indefinite period of time, the guarantor may, after the maturity of the principal debt, fix a reasonable period of not less than one month and request the creditor to enter judicial proceedings against the principal debtor within such period. On the dissolution of the community of property regime, each of the husband and the wife gets back the property of contracting for the holding of matrimonial property, unless otherwise provided for by law. But if the creditor has previously declared that he will not accept the performance, or if an act of the creditor is necessary for the performance, the debtor may substitute the notice to the creditor announcing that he (the debtor) is ready to perform for the tendering. The judge may take evidence where necessary.

Parents may, within the limit of necessity, inflict punishment upon their children. A unilateral act made by a person limited in capacity to make juridical acts without the approval of his guardian is void. The provisions pertaining to provisional attachment shall apply mutatis mutandis to provisional injunction except as otherwise provided in Article 535 and Article 536. However a claim for restoration of the said thing may only be made for the common interests of all the co-owners. The court shall consider a third party’s interests in determineing the duration of the Divided Superficies according to the fourth paragraph of Article 840 if the third party’s rights will be affected. If a prescription has been interrupted, it recommences from the time when termination of the cause of the interruption. The agricultural right holder shall use the land and acquire the profit therefrom according to the purpose of creating such right and the agreed method, if the method of use has not been agreed upon; the nature of the land shall be followed. Where a witness cannot appear, or there exist other circumstances which make it necessary not to appear, the witness may be examined at the place of his/her location. A commercial agent can demand for the remuneration or reimbursement of expenses as agreed upon. If there is one of the joint-debtors acquiring a claim against the creditor, to the extent of the amount of the share which is incumbent on such debtor, the other debtors may claim to offset. Donec sed odio dui. But if anything is done in excess of what is required for necessary defense, he is still liable to make a reasonable compensation. Except as otherwise provided in this Part, the provisions of Chapter I, Part III shall apply mutatis mutandis to appeals taken from rulings. The depositary is bound to return the thing deposited to the depositor, notwithstanding any claim of a third party who asserts a right over it, unless such person files an action against the depositary or attaches the thing. If the party of a conditional juridical act has, during the pending of the fulfillment, made any act damaging the interests which the other party would have derived from the fulfillment of the condition, he is liable for any injury resulting therefrom. The Judicial Yuan shall prescribe relevant regulations. If the subject is any other type of securities, endorsement is also required to be made. An heir, who does not report to the court an inventory of the property of the decedent according to Articles 1156 and 1156-1, shall make repayment out of the decedent's property to the decedent’s creditors’ all rights in proportion to the amounts of their respective claims, but the rights of the preferential creditors must not be injured. The limit to marriage shall not be applicable to persons of lineal relative within the fourth degree of relationship and collateral relative within the sixth degree of relationship by adoption. The notary public shall give a written notice to the court for the place of the domicile of the ward within seven days after the agreement notarized. The effect of the choice is retroactive back to the time when the obligation occurred. Where the amount of litigation expenses is not fixed by the decision on the responsibility for litigation expenses, the court of first instance shall, on motion, fix the amount by a ruling after that decision becomes enforceable. Any creditor of the deceased who has failed to present one's claims within the specified period of time provided in Article 1157, and were also unknown to the heir, may exercise his right only upon such part of the deceased's property as remains after all other legal repayments. Notwithstanding, absent such advance payment of fees, where the proceedings will be prevented from continuing and the opposing party has refused to disburse such fees after being notified to do so within a designated period of time, the proceeding shall be deemed stayed by consent.


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