Enforcement Act of the Part of Rights In Rem of the Civil Code

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Enforcement Act of the Part of Rights In Rem of the Civil Code
Republic of China, translator not mentioned
*Promulgated on February 10, 1930
  • Effective from May 5, 1930

Enforcement Act of the Part of Rights In Rem of the Civil Code (Republic of China)[edit]

Article 1
  • Unless otherwise provided by the present Enforcement Act, the provisions of the Part of Rights in Rem of the Civil Code shall not apply to rights in rem that existed before the coming into force of the Part of Rights in Rem of the Civil Code.
Article 2
  • The effect of the rights in rem as provided in the Part of Rights in Rem of the Civil Code which existed before the coming into force [of the Part of Rights in Rem of the Civil Code] shall accord with the provisions of the Part of Rights in Rem of the Civil Code from the date of their coming into force.
Article 3
  • Concerning the recordation as provided in the Part of Rights in Rem of the Civil Code, it shall be regulated by a particular statute.
  • The provisions of the Part of Rights in Rem of the Civil Code concerning the recordation shall not to the rights in rem that have not been recorded in accordance with the particular statute mentioned in the preceding paragraph.
Article 4
  • Before the coming into force of the Part of Rights in Rem of the Civil Code, if the extinctive prescription has already completed in accordance with the provisions of the Part of Rights in Rem of the Civil Code, or the remainder of the period of prescription is less than one year, the claim may be exercised within one year from the date of the coming into force [of the Part of Rights in Rem]. Except when the period, reckoning from the completion of the prescription to the coming into force of the Part of Rights in Rem of the Civil Code, exceeds half of the period of prescription as provided by the Part of Rights in Rem of the Civil Code.
Article 5
  • If, before the coming into force of the Part of Rights in Rem of the Civil Code, the statutory period of non-prescription has already expired, the period has expired.
  • If the period has already commenced before the coming into force of the Part of Rights in Rem of the Civil Code, and if according to the statutory period of non-prescription provided in the Part of Rights in Rem of the Civil Code, the period has not yet expired at the time of the coming into force [of the Part of Rights in Rem], the period that has already commenced shall be reckoned together with the period after the coming into force [of the Part of Rights in Rem of the Civil Code].
  • The provision of the preceding paragraph shall apply mutatis mutandis to the acquisitive prescription.
Article 6
  • A person who possessed a personal property before the coming into force of the Part of Rights in Rem of the Civil Code, and fulfils the conditions mentioned in Article 768, acquires its ownership as from the date of the coming into force [of the Part of Rights in Rem of the Civil Code].
Article 7
  • A person who possessed a real property before the coming into force of the Part of Rights in Rem of the Civil Code and fulfils the conditions mentioned in Article 769 or 770, may claim to be recorded as the owner [of the said real property] as from the date of the coming into force [of the Part of Rights in Rem of the Civil Code].
Article 8
  • If the office of recordation as provided in the first paragraph of Article 3 is not yet established, the person who may claim to be recorded in accordance with the statute as the owner may be deemed to be the owner as from the date when he may claim for the recordation.
Article 9
  • A person, who possessed a real property before the coming into force of the Part of Rights in Rem of the Civil Code and fulfils the conditions of Article 801 or 886, acquires its ownership or pledge as from the date of the coming into force [of the Part of Rights in Rem of the Civil Code].
Article 10
  • A person, who picked up the lost property, the float, or the sunken article before the coming into force of the Part of Rights in Rem of the Civil Code and fulfils the conditions of Articles 803 and 807, acquired the rights as provided in Article 807 of the Civil Code, as from the date of the coming into force [of the Part of Rights in Rem of the Civil Code].
Article 11
  • If, before the coming into force of the Part of Rights in Rem of the Civil Code, a person who can acquire the ownership [of a thing] in accordance with the provisions of Article 808 or Articles 811 to 814 of the Civil Code, he acquires the ownership [of the said thing] as from the date of the coming into force [of the Part of Rights in Rem of the Civil Code].
Article 12
  • If a contract fixed a period for the non-partition of a thing held in indivision has been made before the coming into force of the Part of Rights in Rem of the Civil Code, and if the remainder of the period, reckoning from the date of its coming into force, is shorter than that provided in the second paragraph of Article 823, such period shall be followed; if the remainder is longer, the provisions of the second paragraph of Article 823 shall be applied as from the date of the coming into force [of the Part of Rights in Rem of the Civil Code].
Article 13
  • Where a claim secured by a mortgage is extinguished by prescription in accordance with the provisions of the Civil Code before the coming into force of the Part of Rights in Rem of the Civil Code, the period for the extinction of the mortgage, as provided in Article 880, is reckoned from the date of its coming into force. However if the period, reckoning from the completion of the extinctive prescription of the claim to the date of the coming into force [of the PART of Rights in Rem of the Civil Code], exceeds 10 years, the mortgage shall not be enforced.
Article 14
  • The provision of the Part of Rights in Rem of the Civil Code concerns lien shall not apply to pawnshops or others accept things for lien as business.
Article 15
  • If, before the coming into force of the Part of Rights in Rem of the Civil Code, a term fixed for the dian may be redeemed according to the old rules of the law, such old rules shall be followed.
Article 16
  • The present Enforcement Act comes into force as from the date of the coming into force of the Part of Rights in Rem of the Civil Code.


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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