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Title: Family Act CH
Category: Judicial Yuan(司法院)
PART IV NON-LITIGATION PROCEDURES FOR FAMILY MATTERS
CHAPTER XII MATTERS CONCERNING THE FAMILY COUNCIL
Article 181
With regard to motion for designation of members of the family council on behalf of a minor or a person subject to a declaration of commencement of guardianship or of assistance, the jurisdiction to hear the proceedings exclusively belongs to the court for the place of the domicile or the habitual residence of the minor or the person subject to the declaration of commencement of guardianship or of assistance.
With regard to motion for designation of members of the family council for the purposes relating to inheritance, the jurisdiction to hear the proceedings exclusively belongs to the court for the place of the domicile of the successor at the opening of the succession.
With regard to designation of a party to act in the litigation proceedings on behalf of an adopted child or a minor child, the jurisdiction to hear the proceedings exclusively belongs to the court for the place of the domicile of the adopted child or of the minor child.
With regard to motion for determination of the manner of furnishing maintenance or for changing the manner or the extent of furnishing maintenance, the jurisdiction to hear the proceedings exclusively belongs to the court for the place of the domicile or the habitual residence of the person who is entitled to maintenance.
With regard to the following matters, any of which shall be dealt with by the family council, the jurisdiction to hear the proceedings on a motion for a court’s decision exclusively belongs to the court for the place of the domicile or the habitual residence of the decedent:
1. matters concerning the determination of the allocation of a certain portion of the inheritance;
2. matters concerning the supervision of the manager of the inheritance;
3. matters concerning the determination of the remuneration of a manager of the inheritance;
4. matters concerning the determination of the genuineness of an oral will;
5. matters concerning the tendering of a will;
6. matters concerning the opening a sealed will for viewing;
7. other matters that shall be dealt with by the family council.
Provisions in Article 52, Paragraph 4 of this Act shall apply, mutatis mutandis, to matters provided in Paragraphs 1 to 5 of this Article.
Provisions in Article 104, Paragraph 2 and Article 105 of this Act shall apply, mutatis mutandis, to matters provided in Paragraph 4 of this Article.
Where the court finds matters provided in Paragraph 1 of this Article meritorious, the proceedings fees shall be borne by the minor or the person subject to the declaration of commencement of guardianship or of assistance concerned.
Where the court finds matters provided in Paragraph 2 of this Article meritorious, the proceedings fees shall be deducted from the inheritance concerned.
Where the court finds matters provided in Paragraph 3 of this Article meritorious, the proceedings fees shall be borne by the adopted child or the minor child concerned.
Where the court finds matters provided in Paragraph 5 of this Article meritorious, the proceedings fees shall be deducted from the inheritance concerned.
Article 182
In deliberating over ruling on matters provided in Paragraph 5 of Article 181, the court may investigate the complexity of the management tasks performed by the manager of the inheritance, as well as the current status of the property of the decedent.
Article 183
Provisions in Article 122 of this Act shall apply, mutatis mutandis, to matters provided in Paragraphs 1 and 2 of Article 181.
Provisions in Articles 99 to 103 and Article 107 of this Act shall apply, mutatis mutandis, to matters provided in Paragraph 4 of Article 181.
Provisions in Article 106 of this Act shall apply, mutatis mutandis, to matters provided in this chapter.
Provisions in this Chapter shall apply, mutatis mutandis, to other matters concerning motion for a court’s decision over matters dealt with by the family council.