Goto Main Content
:::

Chapter Law Content

Chapter IV: Enforcement Pertaining To Claims For Action and No-Action
Article 127
Where the debtor, pursuant to the enforcement title, shall perform a specific act but fails to perform it, the enforcement court may, at the costs of the debtor, order a third party to perform it for him/her.
The enforcement court shall consider and determine an amount for the costs in the preceding paragraph and order the debtor to pay it in advance or order the creditor to advance it for the debtor. When necessary, the enforcement court may also order an appraiser to appraise the amount.
Article 128
Where a debtor, pursuant to the enforcement title, shall perform a specific act and the act cannot be performed by others on his/her behalf, and the debtor fails to perform it, the enforcement court may determine a time limit for the debtor to perform it. Where the debtor fails to perform it, the enforcement court may impose a default surcharge of no less than NTD 30,000 to no more than 300,000. Where the court determines a fixed time limit for the performance again and the debtor still fails to perform it, the enforcement court may impose the default surcharge again or place him/her into custody.
The provisions of the preceding paragraph do not apply to the judgment ordering the cohabitation between couples.
Where the enforcement title orders the debtor to turn over the children or abductees, the court may, aside from applying the provisions of the first paragraph, take the children or abductees by direct compulsory means and hand them over to the creditor.
Article 129
Where the enforcement title orders the debtor to forbear an act of another person or prohibits the debtor from performing a specific act, and the debtor fails to perform it, the enforcement court may impose a default surcharge of no less than NTD 30,000 to no more than NTD 300,000. Where the debtor still fails to perform it, the court may impose the default surcharge again or place him/her into custody.
In the circumstance prescribed in the preceding paragraph, the court may, upon the creditor's petition, remove the consequence of the act at the debtor's costs when necessary.
Where the creditor defaults again after the enforcement is carried out pursuant to the preceding paragraph, the enforcement court may enforce it again upon petition.
The re-enforcement in the preceding paragraph shall charge enforcement costs.
Article 129-1
Where the debtor shall act or shall not act pursuant to Article 128 Paragraph 1 and the first paragraph of the preceding article, the enforcement court may notify the related authorities to provide appropriate assistance.
Article 130
Where a judgment ordering the debtor to express a specific intention becomes irrevocable or an enforcement title bearing the same effect with an irrevocable judgment is created, the debtor is deemed as having expressed that intention since when the judgment becomes irrevocable or the enforcement title is created.
Where the expression of intention awaits a counter-prestation, the debtor is deemed as having expressed the intention when the creditor have made the lodgment or when the enforcement court has issued a certificate evidencing that the creditor has made the counter-prestation. The same applies when a notary notarizes that the creditor has made the counter-prestation.
Article 131
With regard to the judgment related to inherited estate or the partition of a co-owned property, the enforcement court may check and deliver to each successor or co-owner his/her respective entitled part; where the monetary compensation shall be made, it may also enforce against the property of the party liable to compensate.
Where the enforcement title is to sell the inherited estate or the co-owned property and distribute the proceeds therefrom to each successor or co-owner, the enforcement court may auction it and distribute the proceeds therefrom. The provisions of movable and immovable property apply mutatis mutandis to the auction procedure.