Annotated Republic of China Laws/Enforcement Law for Part IV, Family Law of the Civil Code/1985

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Enforcement Law for Part IV, Family Law of the Civil Code
Republic of China (Taiwan) Law
1985
Articles 4-1, 6-1, 6-2, 6-3, 8-1, 14-1, 14-2 and 14-3 have been added.
Article 15 has been amended.[1]
Article 1
  • Unless otherwise provided by the present ENFORCEMENT ACT, the provisions of the PART of FAMILY of the CIVIL CODE shall not apply to the family affairs that occurred before its coming into force; and unless otherwise provided by the present ENFORCEMENT ACT, the revised provisions shall not apply to that occurred before the revision as well.
Article 2
  • If before the coming into force of the PART of FAMILY of the CIVIL CODE, the extinctive prescription has been already completed or the remainder of the period of prescription is less than one year in accordance with the provisions of the PART of FAMILY of the CIVIL CODE, the right to claim may be enforced within one year from the date of the coming into force. But this shall not apply when the time, reckoning from the completion of the prescription to the coming into force of the PART of FAMILY of the CIVIL CODE, exceeds one half of the period of prescription as provided in the PART of FAMILY of the CIVIL CODE.
  • The provisions of the preceding paragraph shall apply mutatis mutandis to the extinctive prescription which has been already completed or the remainder of the period of prescription is less than one year in accordance with the revised provisions of the PART of FAMILY of the CIVIL CODE.
Article 3
  • The prescription provisions of the preceding article shall apply mutatis mutandis to the statutory period of nonprescriptive nature as provided in either before or after the revision of the PART of FAMILY of the CIVIL CODE; but if the statutory period is less than one year and the period has not yet expired upon the coming into force or revision of the PART of FAMILY of the CIVIL CODE, the period shall be reckoned from the date of its coming into force or revision.
Article 4
  • The provisions of the PART of FAMILY concerning agreements to marry, except that of Article 973, shall apply to the agreements to marry entered into before the coming into force of the PART of FAMILY of the CIVIL CODE as well.
  • The provisions of the second and third paragraphs of Article 977 of the revised CIVIL CODE shall apply to agreements to marry entered into before the revision of the PART of FAMILY of the CIVIL CODE.
Article 4-1 (later added)
Article 5
  • The period specified in Article 987 of the CIVIL CODE during which a woman shall not remarry shall be reckoned from the date of the dissolution of her [former] marriage relationship as well, although the marriage relationship was dissolved before the coming into force of the PART of FAMILY of the CIVIL CODE.
Article 6
  • A person who got married before the coming into force of the PART of FAMILY of the CIVIL CODE, may not only apply to the provisions of Article 1004 of the CIVIL CODE, but may also adopt the statutory regime [of the matrimonial property] provided in the PART of FAMILY of the CIVIL CODE as his contractual regime.
  • The provisions of Article 1010 of the revised CIVIL CODE shall also apply to the persons who got married after the coming into force and before the revision of the PART of FAMILY of the CIVIL CODE. The period set forth in the Subparagraph 5 of the said article expires if it has expired before the revision; if it has not expired, the period shall be reckoned with both the time elapsed before and after the revision.
Article 6-1 (later added)
Article 6-2 (later added)
Article 6-3 (later added)
Article 7
  • Facts which occurred before the coming into force of the PART of FAMILY of the CIVIL CODE and which constitute grounds for divorce in accordance with the provisions of the said PART may be took as grounds for an application for divorce unless the periods specified in Article 1053 or 1054 of the CIVIL CODE have expired.
Article 8
  • The provisions of the PART of FAMILY of the CIVIL CODE concerning the presumption and disavowal of legitimacy shall also apply to the children conceived before the coming into force of the PART of FAMILY of the CIVIL CODE.
  • Persons who got married before the revision of the PART of FAMILY of CIVIL CODE and have made the agreement to assume the surname of mother according to the exception of the first paragraph of Article 1059 of the revised PART of FAMILY of the CIVIL CODE, may apply to change to assume the surname of the mother except his child has reached the majority or has got married.
  • The provisions of the second paragraph of Article 1063 of the revised CIVIL CODE shall also apply to the child conceived or born before the revision of the PART of FAMILY of the CIVIL CODE.

Article 8-1 (later added)

Article 9
  • The relationship between a “sih-zih” or “sih-nyu” established before the coming into force of the PART of FAMILY of the CIVIL CODE and his or her adoptive parents, shall be the same as between a legitimate child and his parents.
Article 10
  • The provisions of the PART of FAMILY of the CIVIL CODE concerning the child born out of wedlock shall apply from the date of the coming into force of the said PART to the child born out of wedlock before the coming into force of the PART of FAMILY of the CIVIL CODE.
  • The provisions of Article 1067 of the revised CIVIL CODE shall also apply to a child born out of wedlock before the revision of the PART of FAMILY of the CIVIL CODE.
Article 11
  • If the adoptive relationship effected before the coming into force of the PART of FAMILY of the CIVIL CODE, from the date of the coming into force, it produces the same effect as provided in the said PART.
Article 12
  • Facts which occurred before the coming into force of the PART of FAMILY of the CIVIL CODE and which constitute grounds for the termination of adoptive relationship in accordance with the provisions of the said PART may be took as grounds for an application for the termination of adoptive relationship.
  • Facts which occurred after the coming into force and before the revision of the PART of FAMILY of the CIVIL CODE and which constitute grounds for the termination of adoptive relationship in accordance with the provisions of the fifth paragraph of Article 1080 of the revised CIVIL CODE may be took as grounds for an application for the termination of adoptive relationship.
Article 13
  • The rights and duties between parents and children shall be governed by the provisions of the PART of FAMILY of the CIVIL CODE as revised from the date of the coming into force of the said PART as revised.
Article 14
  • The provisions of the PART of FAMILY of the CIVIL CODE as revised shall apply as from the date of the coming into force of the said PART as revised to the rights and duties of the guardian instituted before such coming into force.
Article 14-1 (later added)
Article 14-2 (later added)
Article 14-3 (later added)
Article 15 (later amended)

Annotated by Wikibooks[edit]

  1. "Enforcement Law for Part IV, Family Law of the Civil Code: Article Content". Laws & Regulations Database of The Republic of China. Ministry of Justice (Taiwan). 2012-12-26. http://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?PCode=B0000005. Retrieved 2016-09-24.