Civil Code (Republic of China)/Part IV

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Civil Code (Republic of China)
Republic of China
Family

Civil Code Part IV Family (Republic of China)

  • Promulgated on December 26, 1930
  • Effective from May 5, 1931
  • As amended on June 26, 2002, (includes 2008 reforms of articles 1052 and 1120)

Chapter I, General Provisions (967-971)[edit]

Article 967
  • The lineal relative by blood is the relative by blood of a person from whom that person is descended or he who is descended from that person.
  • The collateral relative by blood is the nonlineal relative of a person who is descended from the same common ancestor as that person himself is.
Article 968
  • The degree of relationship by blood between a person and his lineal relative by blood shall be determined by counting the number of generations upwards or downwards from himself [as the case may be], one generation being taken as one degree. As between the person and his collateral relative, the degree of relationship shall be determined by the total number of generations counting upwards from himself to the common lineal ancestor and then from such common ancestor downwards to the relative by blood with whom the degree of relationship is to be determined.
Article 969
  • The relative by marriage of a person includes the spouse of his relative by blood, the relative by blood of his spouse and the person who is married to the relative by blood of his spouse.
Article 970
  • The line and degree of relationship between relatives by marriage shall be determined as follows:
  1. In regard to the spouse of a relative by blood, by the line and degree of relationship of the person who is married to the said spouse;
  2. In regard to a relative by blood of a spouse, by the line and the degree of relationship between such relative by blood and the said spouse;
  3. In regard to the person who is married to the relative by blood of his spouse, by the line and the degree of relationship between such person and the said spouse.
Article 971
  • Divorce terminates the relationship between relatives by marriage. The same rule is applicable to the annulment of marriage.

Chapter II, Marriage[edit]

Section 1 - Betrothal (972-979)[edit]

Article 972
  • An agreement to marry shall be made by the male and the female parties in their own [con]cord.
Article 973
  • A male who has not reached his seventeenth year of age and a female her fifteenth [ma]y not make an agreement to marry.
Article 974
  • Where a minor makes an agreement to marry, he shall obtain the consent of his statutory agent in advance.
Article 975
  • No demand shall be made to force the performance of an agreement to marry.
Article 976
  • Where one of the betrothed parties is found in one of the following conditions, the [other] party may dissolve the agreement to marry:
  1. Where, having made an agreement to marry, the party made another agreement to marry or concluded a marriage with another person;
  2. Where the party willfully fails to observe the appointed date of marriage;
  3. Where the party’s life has been uncertain for over a year;
  4. Where the party gets a serious and incurable disease;
  5. Where the party gets a venereal or other loathsome disease;
  6. Where, having made the agreement to marry, the party becomes permanently disabled;
  7. Where, having made the agreement to marry, the party had sexual intercourse with a third person;
  8. Where, having made the agreement to marry, the party was sentenced to imprisonment;
  9. Where other grave reasons exist.
  • In the case where a person intends to dissolve an agreement to marry according to the provisions of the preceding paragraph, and if the circumstances do not allowed him to declare such intention to the other party, it is not necessary for him to do so, and he is no longer bound by the agreement since the conditions described in the preceding paragraph have occurred.
Article 977
  • Where an agreement to marry has been dissolved in accordance with the provisions of the preceding article, the innocent party may claim compensation from the other party who is at fault for damage thus sustained.
  • In the case provided in the preceding paragraph, the injured party may still claim an equitable compensation in money for a non-pecuniary loss.
  • The right to claim in the preceding paragraph shall not be assigned to others or be passed to heirs, unless it has been acknowledged by a contract or unless an action has been commenced.
Article 978
  • One party to an agreement to marry, who breaks it without any of the grounds provided in Article 976, shall be liable to compensate the other party for any damage thus sustained.
Article 979
  • In the case provided in the preceding article, the injured party may still claim an equitable compensation in money for a non-pecuniary loss, provide that he is not at fault.
  • The claim in the preceding paragraph shall not be assigned to others or be passed to heirs, unless it has been acknowledged by a contract or unless an action has been commenced.
Article 979-1
  • One party may claim the other party for returning gift presented for betrothal when the agreement to marry is null and void, or dissolved, or annulled.
Article 979-2
  • The claim pursuant to the provisions in Article 977 through Article 979-1 shall be extinguished if it is not exercised within two years.

Section 2 - Conclusion of Marriage (980-999)[edit]

Article 980
  • A man who has not completed his eighteenth year of age and a woman her sixteenth may not conclude a marriage.
Article 981
  • A minor must have the consent of his statutory agent for concluding a marriage.
Article 982
  • A marriage must be celebrated by open ceremony and in the presence of two or more witnesses.
  • Persons who have registered for marriage in accordance with the Household Registration Act shall be presumed as married.
Article 983(19980617)
  • A person may not marry any of the following relatives:
  1. A lineal relative by blood or by marriage;
  2. A collateral relative by blood is within the sixth degree of relationship. 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.
  3. A collateral relative by marriage is within the fifth degree of relationship of a different rank.
  • The marriage prohibitions between relatives by marriage provided in the preceding paragraph shall continue to apply even after the dissolution of the marriage which has created the relationship.
  • The limit to marriage with the lineal relative by blood or by marriage set forth in the first paragraph hereof shall be applicable to persons of lineal relative by adoption after ending of the adoption relationship.
Article 984
  • A guardian may not marry his ward during the continuance of guardianship, unless consent of the ward's parents has been obtained.
Article 985
  • A person who has a spouse may not contract another marriage.
  • A person shall not marry with two or more persons simultaneously.
Article 986
  • (Repealed)
Article 987
  • (Repealed)
Article 988
  • A marriage is void in any of the following cases:
  1. Where it dose not conform to the form provided by Article 982.
  2. Where it violates the marriage prohibition as provided in Article 983 or Article 985.
Article 989
  • 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.
Article 990
  • Where a marriage is concluded contrary to the provision of Article 981, the statutory agent may apply to the court for its annulment; but such application may not be made where six months have elapsed after the discovery of the fact or one year has elapsed after the conclusion of the marriage, or where the woman has become pregnant.
Article 991
  • Where a marriage is concluded contrary to the provision of Article 984, the ward or his nearest relative may apply to the court for its annulment; but such application may not be made where one year has elapsed after the conclusion of the marriage.
Article 992
  • (Repealed)
Article 993
  • (Repealed)
Article 994
  • (Repealed)
Article 995
  • Where one spouse is sexually impotent at the time of marriage and such incapacity is incurable, the other party may apply to the court for the annulment of the marriage; but the applicant may not make such application after three years from the time of awareness of such incurability.
Article 996
  • Where, at the time of marriage, one spouse is in a condition of absence of discernment or mental disorder, such spouse may within six months after he is restored to normal condition apply to the court for the annulment of such marriage.
Article 997
  • A person who has concluded a marriage by fraud or by duress may apply to the court for its annulment within six months after awareness of the fraud or after the cessation of the duress.
Article 998
  • The effect of an annulment of marriage is not retroactive.
Article 999
  • A party to a marriage who has sustained damage through nullity or annulment of the marriage may claim compensation from the other party. This, however, does not apply where the other party is not at fault.
  • In the case mentioned in the preceding paragraph, the injured party who is not at fault may also claim an equitable compensation in money though there is no pecuniary loss.
  • The claim mentioned in the preceding paragraph is not transferable and does not pass to heirs, unless it has been acknowledged by contract or has involved litigation.
Article 999-1(19960925)
  • The provisions in Article 1057 and Article 1058 shall be applicable mutatis mutandis to invalid marriage.
  • The provisions in Article 1055, Article 1055-1, Article 1055-2, Article 1057 and Article 1058 shall be applicable mutatis mutandis to annulled marriage.

Section 3 - Efficacy of Marriage (1000-1003)[edit]

Article 1000(19980617)
  • The husband and the wife should keep his or her own surname. Unless one party shall prefix to his or her surname that of the spouse in writing at the household administration authority.
  • The party who prefixed to his or her surname that of the spouse shall return to his or her own surname. But only one time for change during the continuance of the marriage relationship.
Article 1001
  • The husband and the wife are under mutual obligation to cohabit, unless for a good cause they cannot live together.
Article 1002(19980617)
  • The domicile of the husband and the wife shall be agreed by mutual agreement; if it has not been agreed or can not be agreed, it may depend on the court by application.
  • Before the ruling of the court, it will be presumed the common household domicile as the domicile of the husband and the wife.
Article 1003
  • In daily household matters, the husband and the wife act as agents for each other.
  • Where one of the parties abuses the aforesaid right of agency, the other party may restrict it, but such restriction cannot be set up against any bona fide third party.
Article 1003-1(20020626)
  • The payment for living expenses of the household will be shared by the husband and the wife according to each party’s economical ability, household labor or other conditions unless otherwise provided for by law or mutual agreement.
  • The husband and the wife will be jointly liable for debts incurred by the expenses of the preceding paragraph.

Section 4 - Matrimonial Property Regimes[edit]

Subsection 1 - General Provisions (1004-1015)[edit]

Article 1004
  • The husband and the wife may, before or after getting married, adopt by contract one of the contractual regimes provided by this Code as their matrimonial property regime.
Article 1005
  • Where the husband and the wife have not contracted the holding of matrimonial property, unless otherwise provided by this Code, the statutory regime shall be applied.
Article 1006(20020626)
  • (Repealed)
Article 1007(20020626)
  • The conclusion, modification or termination of a contract for the holding of matrimonial property must be done in writing.
Article 1008(20020626)
  • The conclusion, modification or termination of a contract for the holding of matrimonial property may not be a valid defense against any third party unless it has been registered.
  • Registration provided in the preceding paragraph will not affect any other registration of the property right according to the other law.
  • Registration provided in the first paragraph shall be regulated by a particular law.
Article 1008-1
  • The provisions in the preceding two articles shall be applicable mutatis mutandis to other agreements pertaining to matrimonial property.
Article 1009
  • Where either the husband or the wife is declared bankrupt, the separation of property regime shall be applied.
Article 1010(20020626)
  • Either the husband or the wife is in any of the following circumstances, the court may, at the instance of the other party, order the application of the separation of property regime:
  1. Where liable for the living expenses of the household but failed to provide such;
  2. Where either the husband or the wife is in a state of insolvent;
  3. Where according to the law, the disposition of property requires the consent of the other party, but such consent is refused without a good cause;
  4. Where one party who is entitled to manage has obviously managed the common property improperly, and failed to make any improvement thereon by request of the other;
  5. Where one party improperly reduced his own property acquired in marriage and this may endanger the other’s right to claim for distribution of the remainder [of the property];
  6. Where any other gross event has occurred.
  • Where the husband and the wife are both in a state of insolvent, or where they could hardly maintained their common living, and have not lived together for more than six months, provisions in the preceding paragraph will be applicable to both of them.
Article 1011
  • Where a creditor could not be satisfied in the attachment of the property of either the husband or the wife, the court may, at the instance of the creditor, order the application of the separation of property regime.
Article 1012
  • During the continuance of the marriage, the husband and the wife may, by contract, terminate their contract for the holding of property, or adopt any other contractual regime.
Article 1013(20020626)
  • (Repealed)
Article 1014(20020626)
  • (Repealed)
Article 1015(20020626)
  • (Repealed)

Subsection 2 - Statutory Regimes (1016-1030)[edit]

Article 1016(20020626)
  • (Repealed)
Article 1017(20020626)
  • The property of either the husband or the wife shall be divided into the property acquired before marriage and the property acquired in marriage, and shall be owned respectively. If the property could not be proven to be the property acquired before marriage or in marriage, it shall be presumed as the property acquired in marriage; it the property could not be proven to be owned by the husband or the wife, it shall be presumed as owned by the husband and the wife jointly.
  • The remains of fruits gained from the property acquired either by the husband or the wife before marriage during the continuance of the marriage relationship shall be deemed as the property acquired in marriage.
  • If the husband and the wife have contracted the holding of matrimonial property, and then adopted the statutory regime, the property before the adoption shall be deemed as the property acquired before marriage.
Article 1018(20020626)
  • The husband or the wife would manage, use, collect fruits from, and dispose his or her own property respectively.
Article 1018-1(20020626)
  • With the exception of the living expenses of the household, the husband and the wife may contract a certain amount of money paid by one for the other’s free disposition.
Article 1019(20020626)
  • (Repealed)
Article 1020(20020626)
  • (Repealed)
Article 1020-1(20020626)
  • Where the husband or the wife’s gratuitous act on his or her property acquired in marriage during the continuance of the marriage relationship endangers the other’s right to claim for distribution of the remainder [of the property] upon the termination of the relationship over the statutory regime, the other may apply to the court for its annulment, except it was a proper gift for performing a moral obligation.
  • Where the husband or the wife’s non-gratuitous act on his or her property acquired in marriage during the continuance of the marriage relationship endangers the other’s right to claim for distribution of the remainder [of the property] upon the termination of the relationship over the statutory regime, the other may apply to the court for its annulment only if it was done with knowledge of the endangerment and the beneficiary knew this upon the receipt of the benefit as well.
Article 1020-2(20020626)
  • The claim for annulment provided in the preceding paragraph shall be extinguished if it is not exercised within six months from the time when the husband or the wife has known the reason for annulment, or if one year has elapsed from the time when the act has been committed.
Article 1021(20020626)

(Repealed)

Article 1022(20020626)
  • The husband or the wife is under an mutual obligation to inform the other of the condition of his or her property acquired in marriage.
Article 1023
  • The husband or the wife is respectively liable for his or her own debts.
  • When the husband or the wife discharges the other’s debts with his or her own property, even if it is during the continuance of the marriage relationship, he or she may claim for payback.
Article 1024(20020626)
  • (Repealed)
Article 1025(20020626)
  • (Repealed)
Article 1026(20020626)
  • (Repealed)
Article 1027(20020626)
  • (Repealed)
Article 1028(20020626)
  • (Repealed)
Article 1029(20020626)
  • (Repealed)
Article 1030(20020626)
  • (Repealed)
Article 1030-1(20020626)
  • Upon termination of the relationship over the statutory regime, the remainder of the property acquired by the husband or the wife in marriage, after deduction of debts incurred during the continuance of the marriage relationship, if any, shall be equally distributed to the husband and the wife, except the property acquired from:
  1. Succession or a gift;
  2. Solatium.
  • The court shall adjust or release the share of distribution provided that equal distribution referred to in the preceding paragraph is obviously unfair.
  • The right to claim provided in the first paragraph shall not be assigned to others or be passed to heirs, unless it has been acknowledged by a contract or an action has been commenced.
  • The right to claim for distribution of the remainder [of the property] referred to in the first paragraph shall be extinguished if it is not exercised within two years from the time when the claimant has known that there is such a remainder, or if five years has elapsed from the termination of the relationship over the statutory regime.
Article 1030-2(20020626)
  • If the husband or the wife discharged his or her debts incurred before marriage with his or her property acquired in marriage, or if discharged his or her debts incurred during the continuance of the marriage relationship with his or her property acquired before marriage, unless this property has been made up, it shall be counted into the remainder of the property acquired in marriage or the debts incurred during the continuance of the marriage relationship upon the termination of the relationship over the statutory regime.
  • If the husband or the wife discharged his or her debts with his or her property described as the exception in the first paragraph of the preceding article, the provisions provided in the preceding paragraph shall be applied.
Article 1030-3(20020626)
  • If the husband or the wife, in order to reduce the other’s share of distribution of the remainder [of the property], disposed his or her property acquired in marriage within five years before the termination of the relationship over the statutory regime, this property shall be counted into, and deemed as the remainder of the property acquired in marriage, except the disposition was a proper gift for performing a moral obligation.
  • In the preceding paragraph, where one who is obligated to pay the share of distribution [of the remainder of the property] could not pay off those the other is entitled to receive, the one who is entitled to receive may claim to the third party for restituting the shortness of the share to the extent that the third party is benefited; however if the third party is not gratuitously benefited, the claim for restituting [the shortness of the share] may be made only if the third party is benefited from an obviously uneven payment.
  • The claim to the third party provided in the preceding paragraph shall be extinguished if it is not exercised within two years from the time when the claimant has known the infringement of distribution right [of the remainder of the property], or if it has elapsed five years from the termination of the relationship over the statutory regime.
Article 1030-4(20020626)
  • The value of the remainder of the property by the husband or the wife acquired in marriage shall be counted at the termination of the relationship over the statutory regime; however if the relationship is terminated by a juridical decree of divorce, it shall be count at the commencement of the action.
  • The value of the property counted into the remainder of the property acquired in marriage referred to in the preceding article shall be counted at the time of the disposition.

Subsection 3 - Contractual Regimes[edit]

Item 1 - Community of Property (1031-1041)[edit]
Article 1031
  • With the exception of separate property, all the property and income of the husband and the wife constitute common property to be owned by them in common.
Article 1031-1(20020626)
  • The following constitutes the separate property:
  1. Articles which are exclusively intended for the personal use of the husband or the wife;
  2. Articles which are essential to the occupation of the husband or the wife;
  3. Gifts acquired by the husband or the wife which the donor has designated in writing to be the separate property.
  • The separate property provided in the preceding paragraph is governed by the provisions concerning the separation of property regime.
Article 1032(20020626)
  • The husband and the wife manage the common property jointly except it has been agreed by the party who is entitled to manage.
  • The cost of management is borne out of the common property.
Article 1033(20020626)
  • Either the husbandhttp://en.wikisource.org/wiki/Special:Recentchanges

Recent changes or the wife must have the consent of the other for disposing of the common property.

  • The absence of such consent cannot be set up against a third party, unless he knew or had the means of knowing its absence, or unless the property in question could have, under the circumstances, been regarded as part of the common property.
Article 1034(20020626)
  • Debts incurred by the husband or the wife before or during the continuance of the marriage relationship, should be chargeable to the common property and should be respectively liable to the extent of the separate property.
Article 1035(20020626)
  • (Repealed)
Article 1036(20020626)
  • (Repealed)
Article 1037(20020626)
  • (Repealed)
Article 1038(20020626)
  • Debts payable out of the common property, where have been paid out of the common property, no claim for compensation will arise.
  • Debts payable out of the common property, where have been paid out of the separate property, or debts payable out of the separate property, where have been paid out of the common property, the claim for compensation shall arise and can be made even during the continuance of the marriage relationship.
Article 1039
  • Upon the death of one of the husband and the wife, half the common property shall pass to the heir of the deceased and the other half shall devolve on the surviving party.
  • In the case of the division of property mentioned in the preceding paragraph, where some other agreement exists as to the amounts, such agreement shall be followed.
  • In the case provided in the first paragraph, where the surviving party is by law unable to inherit, he may not claim a greater portion of the common property than he would get in the case of divorce.
Article 1040
  • 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.
  • The common property was caused during the continuance of the community of property regime, each of the husband and the wife acquires a half of the property, unless otherwise provided for by contract.
Article 1041(20020626)
  • The husband and the wife may agree by contract that the common property shall consist only of labor income.
  • Labor income as specified in the first paragraph comprises earnings from salary, wage, shares, bonus and the other related income acquired by the husband and the wife during the continuance of marriage relationship, as well as the interests and substitute profits of the labor income.
  • The property could not be proven as the labor income or the other property rather than labor income, will be presumed as labor income.
  • The property rather than the earnings of the husband or the wife is governed by the provisions concerning the separation of property regime.
  • The provisions in Article 1034, Article 1038 and Article 1040 shall be applicable mutatis mutandis to the first paragraph.
Item 2 - (Repealed) (1042-1043)[edit]
Article 1042
  • (Repealed)
Article 1043
  • (Repealed)
Item 3 - Separation of Property Regime (1044-1048)[edit]
Article 1044(20020626)
  • In the separation of property regime, the husband and the wife each retains the ownership, and each party manages, uses, collects fruits from and disposes his or her own property respectively.
Article 1045(20020626)
  • (Repealed)
Article 1046(20020626)

The liability of debts incurred by the husband or the wife in the separation of property regime shall apply the provisions in Article 1023.

Article 1047(20020626)
  • (Repealed)
Article 1048(20020626)
  • (Repealed)

Section 5 - Divorce (1049-1058)[edit]

Article 1049
  • The husband and the wife may effect a divorce by themselves with their mutual consent; but in the case of a minor, the consent of his or her statutory agent must be obtained.
Article 1050
  • Divorce by mutual consent shall be effected in writing which requires the signatures of at least two witnesses, and by the divorce registration at the household administration authority.
Article 1051(19960925)
  • (Repealed)
Article 1052
  • Where either the husband or the wife meets one of the following conditions, the other party may petition the court for a juridical decree of divorce:
  1. Where he or she has committed bigamy;
  2. Where he or she has consensual sexual intercourse with another person;
  3. Where he or she abuses the other party as to render common living intolerable;
  4. Where he or she abuses the lineal relative of the other party, or his or her lineal relative abuses the other party as to render common living intolerable;
  5. Where the other party has deserted him or her in bad faith and such desertion still continues;
  6. Where he or she is intent on murdering the other party;
  7. Where he or she has a loathsome disease which is incurable;
  8. Where he or she has a serious mental disease which is incurable;
  9. Where it has been uncertain for over three years whether he or she is alive or dead; or
  10. Where he or she has been sentenced to more than six months imprisonment for an intentional crime.
  • Either the husband or the wife may petition for a juridical decree of divorce upon the occurrence of any gross event other than that set forth in the preceding paragraph that renders it difficult to maintain the marriage, except if either the husband or the wife is responsible for the event, only the other party may petition for the divorce.
Article 1053
  • In the cases specified in Subparagraphs 1 and 2 of the preceding article, the party who has the right to claim may not apply for a [juridical decree of] divorce, where he or she has previously consented to the event or has condoned it afterward or has known of it for over six months, or where two years have elapsed after the occurrence of the event.
Article 1054
  • In the cases specified in Subparagraphs 6 and 10 of Article 1052, the party who has the right to claim may not apply for a [juridical decree of] divorce, where one year has elapsed after he or she has known of the event or where five years have elapsed after the occurrence of the event.
Article 1055(19960925)
  • After the husband and the wife effect a divorce, one party or both parties of the parents will exercise the rights or assume the duties in regard to the minor child by mutual agreement. If the mutual agreement did not or could not be done, the court may decide by the applications of the husband or the wife, the authorities concerned, the social welfare institution or any other interested person, or may decide by its authority.
  • If the mutual agreement is unfavorable to the child, the court may change the agreement upon the applications of the authority concerned , the social welfare institution or any other interested person or by its authority in regard to the interests of the minor child.
  • When the party who should but could not exercise the rights and assume the duties in regard to the minor child or did not protect the interests of the minor child, the other party of the husband and the wife, the minor child, the authorities concerned, the social welfare institution or any other interested person may apply the court to change the mutual agreement in regard to the interests of the minor child.
  • The provisions in the preceding three paragraphs, the court may decide the contents and methods of exercising rights and assuming duties for the interests of the minor child on the application or by its authority.
  • The court may decide the way and period of meeting or communication with the minor child by the application of the party who could exercise the rights and assume the duties in regard to the minor child, or by its authority. When the meeting or communication affects the interests of the minor child, the court may change it on the applications or by its authority..
Article 1055-1(19960925)
  • When the court makes the jurisdiction in the Article of 1055, it should be decide in accordance with the best interests of the minor child, consider all the conditions and the visiting reports of the social workers, especially check the following contents:
  1. The age, sex, numbers and healthy condition of the minor child.
  2. The willing of the minor child and the need of personality development.
  3. The age, occupation, character, health condition, economical ability and the life style of the parents.
  4. The parent’s willing and attitude of protecting and educating the minor child.
  5. The emotional feelings between the parents and the minor child or between the other persons living together and the minor child.
Article 1055-2(19960925)
  • In the case of the parents, both parties not suitable for exercising are the rights of parents, the Court should appoint a guardian in the best interest of the minor child in accordance with the preceding articles, and appoint the methods of guardianship, order the parents to assume the duties for raising the minor child and the methods.
Article 1056
  • Where one of the husband and the wife has suffered damage from a judicial decree of divorce, he or she may claim compensation from the other party at fault.
  • In the case provided in the preceding paragraph, the injured party may still claim an equitable compensation in money for a non-pecuniary loss, provided that he or she is not at fault.
  • The claim mentioned in the preceding paragraph shall not be assigned to others or be passed to heirs, unless it has been acknowledged by a contract or unless an action has been commenced.
Article 1057
  • Where the innocent party of the husband and the wife is reduced to difficulties in livelihood on account of a judicial decree of divorce, the other party, even if he or she is also innocent, shall pay an equitable alimony.
Article 1058(20020626)
  • On divorce each of the husband and the wife recovers his or her own property whatever was at the time of getting married or changing the property regime, except when the separate property regime was applied. If there is any remainder [of the property], it shall be allocated according to the provisions of their property regime.

CHAPTER III, Parents and Children (1059-1090)[edit]

Article 1059
  • A child shall assume the surname of the father except it has been agreed that the child shall assume the surname of the mother if the mother does not have any brother.
  • The child of a “jhui-fu” shall assume the surname of the mother except it has been agreed that the child shall assume the surname of the father.
Article 1060
  • The domicile of a minor child is that of the father and mother.
Article 1061
  • A legitimate child is the child who is born with the conception during the marriage relationship.
Article 1062
  • The period of conception is the period reckoned from the one hundred and eighty-first day to the three hundred and second day, both inclusive, traced back from the day of the birth of a child.
  • Where it can be proved that the conception took place within a period traced back prior to the aforementioned three hundred and second day, such period is deemed to be the period of conception.
Article 1063
  • Where the conception of the wife is during the continuance of a marriage relationship, the child so born is presumed to be legitimate.
  • In regard to presumption of legitimacy provided in the preceding paragraph, either the husband or the wife may bring an action for disavowal if he or she can prove that the conception of the wife is not from the husband; but such disavowal shall be effected within one year after the knowledge of the child’s birth.
Article 1064
  • A child born out of wedlock whose natural father and mother have concluded a marriage to each other is deemed to be legitimate.
Article 1065
  • A child born out of wedlock who has been acknowledge by the natural father is deemed to be legitimate; where he has been maintained by the natural father, acknowledgment is deemed to have been established.
  • In the relation to his mother, a child born out of wedlock is deemed to be legitimate and no acknowledgment is necessary.
Article 1066
  • A child born out of wedlock or his mother may repudiate the acknowledgment by his natural father.
Article 1067(19990421)
  • The child born out of wedlock, or the mother, or other statutory agent may claim acknowledgement from his natural father in any of the following cases:
  1. Where there is the fact that the natural father and mother cohabited during the period of conception;
  2. Where paternity can be proved from documents by the natural father;
  3. Where the mother became conceived through sexual intercourse due to force or seduction by the natural father;
  4. Where the mother had sexual intercourse with the natural father due to his abuse of power.
  • The right of claim provided in the preceding paragraph is extinguished for the child born out of wedlock if not exercised within two years after mature age, or for the mother and other statutory agent if not exercised within seven year after the child's birth.
Article 1068
  • The provisions of the preceding article shall not apply where within the period of conception the mother had sexual intercourse with a third person or was leading a licentious life.
Article 1069
  • The effect of legitimation of a child born out of wedlock is retroactive as from the time of birth, but the existing rights of the third parties will not be affected thereby.
Article 1069-1(19960925)
  • The child born out of wedlock have been claimed acknowledgement from his natural father, the provisions in Article 1055, Article 1050-1, and Article 1055-2 shall be applicable mutatis mutandis to the rights and duties of the minor child.
Article 1070
  • Where a child born out of wedlock has been acknowledged by the natural father, such acknowledgment shall not be revoked.
Article 1071
  • (Repealed)
Article 1072
  • Where a person adopts the child of another as his own child, the adopter is called the adoptive father or adoptive mother and the person adopted is called the adopted son or adopted daughter.
Article 1073
  • The adopter shall be at least twenty years older than the person to be adopted.
Article 1073-1
  • None of the relatives as follows may be adopted as an adopted child:
  1. Lineal relatives by blood;
  2. Lineal relatives by marriage, except adoption of the other party's child by either the husband or the wife; and
  3. Collateral relatives by blood or marriage of a different rank, except the former is beyond the eighth degree of relationship and the latter beyond the fifth degree of relationship.
Article 1074
  • Where a married person is to adopt a child, he or she shall do so jointly with his or her spouse except he or she adopts the other party's child.
Article 1075
  • Except in the case provided in the preceding article, a person shall not be simultaneously the adopted child of two persons.
Article 1076
  • Where a married person is to be adopted, the consent of his spouse shall be obtained.
Article 1077
  • The relationship between an adopted child and his adoptive parents, is the same as that between a legitimate child and his parents, unless otherwise provided for by law.
Article 1078
  • An adopted child assumes the surname of the adopter.
  • Where a married person adopts a child, the provisions in Article 1059 shall be applied to the surname of the adopted child.
Article 1079
  • Adoption shall be effected in writing, unless the person to be adopted is younger than seven years of age and has no statutory agent.
  • Except in the absence of a statutory agent, a minor of younger than seven years of age shall make the declaration of intention and accept the declaration of intention through his statutory agent when he is to be adopted.
  • Except in the absence of a statutory agent, a minor of elder than seven years of age shall obtain the consent of his statutory agent when he is to be adopted.
  • Adoption of a child shall be applied to the court for the admission.
  • The Court shall not admit the adoption under any of the following conditions:
  1. Adoption on the ground that it is null and void or it may be annulled;
  2. Upon the presence of the supporting facts, the adoption is proved to be unfavorable to the adopted child; or
  3. When an adult is to be adopted, according to the existing condition, the adoption is proved to be unfavorable to his natural father and mother.
Article 1079-1
  • If the adoption of a child violates the provisions in Articles 1073, 1073-1 and 1075, it is null and void.
Article 1079-2
  • If the adoption of a child violates the provisions in Article 1074, the spouse of the adopter may apply to the court for annulment of the adoption; however such application shall not be made after six months from the time of knowing the fact or one year from the time of admission given by the court.
  • If the adoption of a child violates the provisions in Article 1076 or the third paragraph of Article 1079, the spouse of the adopted person, or his statutory agent may apply to the court for annulment of the adoption; but such application shall not be made after six months from the time of knowing the fact or one year from the time of admission given by the court.
  • The provisions in Articles 1082 and 1083 shall be mutatis mutandis applied to the adoption annulled by the judgment of the court pursuant to the provisions in the preceding two paragraphs.
Article 1080
  • The relationship between an adopted child and his adoptive parents may be terminated by mutual agreement of both parties.
  • The termination mentioned in the preceding paragraph shall be made in writing.
  • If the adopted child is younger than seven years of age, the intention to terminate the adoptive relationship shall be declared on his behalf by the person who will be his statutory agent after the termination of the adoption.
  • If the adopted child is a minor of elder than seven years of age, the termination of the adoptive relationship shall be subject to consent of the person who will be his statutory agent after the termination of the adoption.
  • After the death of the adopted parents, the adopted child who can not support his living and is unable to earn his living may apply to the court for approval of terminating the adoptive relationship.
  • The provisions of the preceding third and fourth paragraphs shall be mutatis mutandis applied to the application referred to in the preceding paragraph.
Article 1081
  • Where either the adoptive parent or the adopted child is found in one of the following conditions, the court may at the instance of the other party, terminate their adoptive relationship:
  1. Where one party has abused or grossly insulted the other;
  2. Where one party has deserted the other in bad faith;
  3. Where the adopted child has been sentenced to not less than two years' imprisonment;
  4. Where the adopted child has spent money wastefully;
  5. Where it has been uncertain for three years whether the adopted child is alive or dead;
  6. Where other grave events exist.
Article 1082
  • Where the adoptive relationship has been terminated by the judgment, and the innocent party is thereby reduced to difficulties in livelihood, he may demand payment of an equitable sum of money from the other party.
Article 1083
  • From the time of the termination of the adoptive relationship, the adopted child resumes his original surname and his relationship to his parents by birth. The existing rights of the third parties, however, will not be affected thereby.
Article 1084
  • Children shall be filial to and respect their parents.
  • Parents have the rights and the duties to protect, educate and maintain their minor children.
Article 1085
  • Parents may, within the limit of necessity, inflict punishment upon their children.
Article 1086
  • Parents are the statutory agents of their minor children.
Article 1087
  • Property which accrues to the minor children by inheritance, gift or other gratuitous title constitutes their separate property.
Article 1088
  • The separate property of a minor child shall be managed by the parents jointly.
  • The parents have the right to use, and to collect fruits from the separate property of the minor child, but they may not dispose of it except for the interests of the child.
Article 1089(19960925)
  • The parents shall jointly exercise their rights and assume their duties in regard to their minor child, unless otherwise provided by law. If one of them can not exercise such rights, the rights shall be exercised by the other party. If the parents can not assume the duties jointly, the duties shall be assumed by the parent who has the ability to do so.
  • If there is inconsistency between the parents in the exercise of the rights in regard to the grave events of the minor child, they may apply to the court for the decision in accordance with the best interests of the child.
  • Before the decision of the preceding paragraph, the court shall give the minor child, the authorities concerned, or the social welfare institution a hearing.
Article 1090
  • Where the parents have abused their rights over their children, their nearest elder relatives or the family council may correct them, and, where such correction is of no avail, they may apply to the court for the declaration of suspending their rights in part or in toto.

CHAPTER IV, Guardianship[edit]

Section 1 - Guardianship over Minors (1091-1109)[edit]

Article 1091
  • A guardian shall be appointed for a minor when he has no parent or when both the parents can not exercise the rights nor assume the duties in regard to the minor child. But this does not apply where the minor has been married.
Article 1092
  • In regard to a minor child, parents may authorize another person to perform the function of a guardian for specific matters and within a fixed period.
Article 1093
  • The more recently deceased parent may appoint a guardian by will.
Article 1094(20000119)
  • Where both parents can not exercise the rights nor assume the duties in regard to a minor child, or where the parents die without appointing any guardian by a will, the following shall be determined as the guardian in order:
  1. Grandparents living in the same household with the minor;
  2. Elder brothers or sisters living in the same household with the minor;
  3. Grandparents not living in the same household with the minor;
  • If the guardian could not be determined in the preceding paragraph, or for the best interests of the minor child, the court may, upon the application of the minor child, the public prosecutor, local authorities of social welfare concerned, or the other interested person, appoint or replace the child’s elder collateral relative by blood within the third degree of relationship, the authorities of social welfare concerned, the social welfare institution, or any other proper person as the guardian, and order the way and manner of guardianship.
  • Before the appointment or replacement in the preceding paragraph, the court shall order the authorities concerned or other social welfare institutions to proceed investigation, submit the investigation report and suggestion. The applicant or the interested person may submit related information or evidence for reference of the court as well.
  • The provisions of Article 1106 are not applicable to the guardian appointed or replaced according to the preceding two paragraphs.
  • In the absence of the guardian provided in the first paragraph, and before the appointment according to the preceding two paragraphs being decided by the court, the local authorities of social welfare concerned shall be the guardian of the minor.
Article 1095
  • A person who is called upon to act as the guardian in accordance with the provisions of the preceding article, shall not decline or resign such office without good cause.
Article 1096
  • Minors and interdicted persons shall not act as guardians.
Article 1097
  • Unless it is otherwise provided, a guardian shall, within the limits required for the protection and advancement of the ward's interests, exercise the rights and assume the duties of the parents in regard to a minor child. Where the guardianship is only provisionally authorized by the parents, the function of the guardian shall be limited to those so authorized.
Article 1098
  • A guardian is the statutory agent of his ward.
Article 1099
  • On the commencement of guardianship, the guardian shall, in collaboration with the person designated by the family council, draw up an inventory of the ward's property.
Article 1100
  • The property of the ward shall be managed by the guardian; the cost of management shall be borne out of the ward's property.
  • The guardian shall exercise such care over the ward's property as he would exercise over his own affairs.
Article 1101
  • The guardian shall not use or dispose of the ward's property except for the interests of the ward. In the disposition of the real property, the approval of the family council shall also be obtained.
Article 1102
  • A guardian shall not acquire the property from his ward.
Article 1103
  • A guardian shall report the conditions of the ward’s property in detail to the family council at least once a year.
Article 1103-1
  • A guardian shall be liable to compensate his ward for the damage incurred from his fault in performing his duties of guardianship over the property.
Article 1104
  • A guardian may claim a remuneration, the amount of which shall be determined by the family council according to the labor involved and the income of the ward's property.
Article 1105
  • Where grandparents who live in the same household with the minor act as guardians, the provisions in Article 1099, the last sentence of Article 1101, Articles 1103, 1103-1 and 1104 shall not be applied.
Article 1106
  • The family council may dismiss the guardian in any of the following cases:
  1. Where he does not fulfil his duties provided by law;
  2. Where he is insolvent;
  3. Where the guardian who has been selected by the family council acts contrary to the directions of the council.
Article 1107
  • On the termination of the guardianship, the guardian shall, in collaboration with the person designated by the family council, render a clear account of his ward's property and shall hand over such property to the new guardian; or where the ward has reached his majority, to the ward; or, where the ward died, to his heirs.
  • The guardian shall not released from his liabilities until the family council has approved of the aforesaid account.
Article 1108
  • On the death of the guardian, the aforesaid account in the preceding article shall be rendered by his heirs.
Article 1109
  • Where the guardian has caused damage to the property of the ward, the claim to compensate for such damage shall be extinguished if not exercised within two years from the time when the family council refuses to approve of the aforesaid account.

Section 2 - Guardianship over Interdicted Persons (1110-1113)[edit]

Article 1110
  • A guardian shall be instituted for a interdicted person.
Article 1111
  • A guardian of an interdicted person shall be determined in the following order:
  1. Spouse;
  2. Parents;
  3. Grandparents living in the same household with the interdicted person;
  4. Head of the house;
  5. Person designated by the will of the more recently deceased parent.
  • Where a guardian can not be determined in accordance with the provisions of the preceding paragraph, an appointment shall be made by the court in consultation with the family council.
Article 1112
  • A guardian shall, for the interests of his ward, protect, maintain, nourish, and provide medical treatment for the body of the ward according to the conditions of the ward’s property.
  • If the guardian is to place the ward in an asylum or to confine him in a private house, the consent of the family council shall be obtained, unless the parent or grandparent living in the same household with the interdicted person act as the guardian.
Article 1113
  • Unless otherwise provided by the provisions of this Section, the provisions concerning the guardianship over minors shall apply mutatis mutandis to the guardianship over interdicted persons.
  • The provision of Article 1105 shall also apply mutatis mutandis to the parents who act as guardians.

CHAPTER V, Maintenance (1114-1121)[edit]

Article 1114
  • The following relatives are under a mutual obligation to maintain one another:
  1. Lineal relatives by blood;
  2. One of the husband and the wife and the parents of the other party living in the same household;
  3. Brothers and sisters;
  4. The head and the members of a house.
Article 1115
  • In case there are several persons bound to furnish maintenance, the order in which they are to perform such obligation is as follows:
  1. Younger lineal relatives by blood;
  2. Elder lineal relatives by blood;
  3. Head of the house;
  4. Brothers and sisters;
  5. Members of the house;
  6. Daughter-in-law and son-in-law;
  7. Parents of either the husband or the wife.
  • Among the elder lineal relatives by blood or younger lineal relatives by blood, the person nearest in degree of relationship will be the first.
  • If there are several persons bound to furnish maintenance and of the same degree of relationship, such obligation shall be borne by them according to their respective economic ability.
Article 1116
  • In case there are several persons entitled to maintenance, and the economic ability of the person bound to furnish maintenance is not sufficient to maintain all of them, the person to receive maintenance shall be determined in the following order:
  1. Elder lineal relatives by blood;
  2. Younger lineal relatives by blood;
  3. Members of the house;
  4. Brothers and sisters;
  5. Head of the house;
  6. Parents of either the husband or the wife;
  7. Daughter-in-law and son-in-law.
  • Among elder lineal relatives by blood or younger lineal relatives by blood, the person nearest in degree of relationship will be the first.
  • Where there are several persons entitled to maintenance and of the same degree of relationship, each shall receive maintenance according to their respective needs.
Article 1116-1
  • The husband and the wife are under a mutual obligation to maintain each other, the order in which they are to perform such obligation is the same with the younger lineal relatives by blood, and the order in which they are entitled to receive maintenance is the same with the elder lineal relatives by blood.
Article 1116-2(19960925)
  • The obligation of the parents to maintain their minor child shall not be affected by the annulment of the marriage or the divorce.
Article 1117
  • Persons entitled to maintenance shall be limited to those who can not support the living and are unable to earn the living.
  • The limitation in respect of inability to earn a living in the preceding paragraph shall not apply to the case of the elder lineal relatives by blood.
Article 1118
  • If a person who can no longer support his own living if he assumes the obligation of furnishing maintenance to another, he may be exempted from such an obligation, but his obligation could only be relieved if the person entitled to receive maintenance is the elder lineal relatives by blood or the spouse.
Article 1119
  • The extent of furnishing maintenance shall be determined according to the needs of the person entitled to maintenance, and the economic ability and social status of the person bound to furnish it.
Article 1120
  • The manner of furnishing maintenance shall be determined by mutual agreement between the parties, or if they can not come to agreement, by the family council. Except if the parties do not mutually agree upon the amount of the maintenance payment, the court shall determine the amount.
Article 1121
  • Either party may demand an alteration in the extent and the manner of furnishing maintenance on the ground of change of circumstances.

CHAPTER VI, House (1122-1128)[edit]

Article 1122
  • A house is a community of relatives who live in the same household with the object of maintaining the common living permanently.
Article 1123
  • Each house shall institute a head.
  • Persons belong to the same house are, except the head of the house, the members of the house.
  • Persons who are not relatives but who live in the same household with the object of maintaining the common living permanently are deemed to be the members of the house.
Article 1124
  • The head of a house shall be elected from among the community of the relatives. If there is no such election, the headship shall fall on the person who is the highest in rank [of relationship]; or where the ranks are equal, on the person who is senior in age. Where the person who is the highest in rank [of relationship] or senior in age is unable or unwilling to manage the house affairs, he shall designate a member of the house to act for him.
Article 1125
  • The affairs of a house shall be managed by the head of the house, but he may entrust a part of its affairs to be looked after by the members of the house.
Article 1126
  • In the management of house affairs, the head of the house shall take care of the interests of all the members of the house.
Article 1127
  • A member of a house who has reached majority, or, though a minor, has been married, may demand to be separated from the house.
Article 1128
  • The head of a house may order a member of the house who has reached majority or though a minor, has been married to be separated from the house, provided that he has a good cause for doing so.

CHAPTER VII, Family Council (1129-1137)[edit]

Article 1129
  • Where a meeting of the family council shall be held in accordance with the provisions of this Code, it shall be convened by the party concerned or his statutory agent or other interested persons.
Article 1130
  • A family council shall be composed of five members.
Article 1131
  • Members of a family council shall be selected from among the following relatives of the minor, or of the interdicted person, or of the deceased person, and in the following order:
  1. Elder lineal relatives by blood;
  2. Elder collateral relatives by blood within the third degree of relationship;
  3. Relatives by blood of the equal rank within the fourth degree of relationship.
  • Among the persons who are in the same order of the preceding paragraph, the person nearest in degree of relationship will be the first; and among those of the same degree of relationship, the person living in the same household will be the first, or the person senior in age will be the first in the absence of relative living in the same household.
  • A member of family council as determined according to the preceding two paragraphs who can not or has difficulty to be present at the meeting shall be substituted by the relative of the next order.
Article 1132
  • In case there are no such relatives as provided in the preceding article, or where such relatives are not enough to constitute the statutory number, the court may, on the application of the person who has the right to convene such meeting, designate a person from among other relatives.
  • In the event that it is impossible or there is difficulty to convene the meeting of family council, the person who has the right to convene such meeting shall apply to the court for disposition of affairs which, according to law, shall be managed by the family council. The same rule shall apply where no resolution has been adopted or the holding of such meeting failed though the meeting of family council has convened.
Article 1133
  • Guardians, minors and interdicted persons shall not act as members of a family council.
Article 1134
  • Persons who are called upon to act as members of a family council in conformity with law, shall not decline or resign the office without a good cause.
Article 1135
  • A family council shall not hold a session without at least three members being present and shall not pass a resolution without the consent of the majority of those present.
Article 1136
  • Where a member of the family council has personal interests in the matter discussed, he shall not participate in passing the resolution.
Article 1137
  • Where the person who has the right under Article 1129 to convene a meeting of the family council refuses to obey any of its resolutions, he may complain to the court within three months.
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Source: http://law.moj.gov.tw/Eng/Fnews/FnewsContent.asp?msgid=740&msgType=en

The Civil Code (Republic of China), now in effect in Taiwan, is divided into five Parts. Each Part has its own Enforcement Act.
Part numbers and names Article numbers Enforcement Acts
Civil Code (Republic of China)/Part I General Principles 1 − 152 Enforcement Act of the Part of General Principles of the Civil Code
Civil Code (Republic of China)/Part II Obligations 153 − 756−9 Enforcement Act of the Part of Obligations of the Civil Code
Civil Code (Republic of China)/Part III Rights In Rem 757 − 966 Enforcement Act of the Part of Rights In Rem of the Civil Code
Civil Code (Republic of China)/Part IV Family 967 − 1137 Enforcement Act of the Part of Family of the Civil Code
Civil Code (Republic of China)/Part V Succession 1138 − 1225 Enforcement Act of the Part of Succession of the Civil Code