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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/11/24 14:49
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Chapter Law Content

Chapter I General Provisions
Section III Preservation of the Debtor's Property
Article 19
Before ruling on the application for rehabilitation or liquidation, the court may, on application of the interested parties or on its own initiative, make the following order of preservation by a ruling.
1. Disposition of preservation of the debtor's property.
2. Restriction on the debtor's performance of debts and the creditors' exercise of claims against the debtor.
3. Suspension of the compulsory enforcement proceedings of the debtor's property.
4. Disposition of preservation of the beneficiary's or the acquiring person's property.
5. Other necessary dispositions of preservation.
Unless the initiation of the rehabilitation or liquidation process has been ruled on by the court, the disposition of preservation under the preceding Paragraph may not exceed 60 days. If necessary, the court may, on application of the interested parties or on its own initiative, extend such period once more for a further period of not more than 60 days.
When the application for rehabilitation or liquidation is dismissed or if it is deemed necessary, the court may, on application of the interested parties or on its own initiative, change or revoke the disposition of preservation under paragraph 1 of this article.
Before expiration of the period under paragraph 2 of this article, if the application for rehabilitation or liquidation is dismissed and such dismissal becomes final, the disposition of preservation under Paragraphs 1 and 3 shall be inoperative.
The disposition of preservation under paragraphs 1 and 3 of this article shall be executed by the competent court on its own initiative by applying mutatis mutandis the provisions of the Compulsory Enforcement Act with regard to provisional seizure and provisional injunction.
Public notice shall be effectuated for any ruling rendered under Paragraphs 1 to 3 of this article.
Article 20
Unless otherwise provided for in this Statute, the following acts of the debtor may be revoked by the supervisor or the administrator:
1. Any gratuitous act of the debtor within 2 years before the court's ruling on the initiation of the rehabilitation or liquidation process, which act is likely prejudicial to the rights of creditors,
2. Any non-gratuitous act of the debtor within 2 years before the court's ruling on the initiation of the rehabilitation or liquidation process, which act is likely to be prejudicial to the rights of creditors, if the debtor knew of the likelihood of prejudice at the time of doing that act and a beneficiary of that act had knowledge of the act knew of the circumstance at the time of receiving the benefit.
3. Any provision of security, repayment of debts or other act of the debtor within 6 months before the court's ruling on the initiation of the rehabilitation or liquidation process, which act is likely prejudicial to the rights of creditors, if the likelihood of prejudice to the rights of creditors is known to the beneficiaries when they receive their benefits.
4. Any provision of security, repayment of debts or other act of the debtors within 6 months before the court's ruling on the initiation of the rehabilitation or liquidation process, which is likely prejudicial to the rights of creditors, if such act is not his/her obligation or the obligation has not been due for repayment.
Any non-gratuitous act between the debtor and his/her spouse, lineal relative or family member, which involves the debtor's disposition of his/her property at a price lower than half of market price shall be deemed a gratuitous act.
If the debtor performs any act under subparagraph 3 of paragraph 1 of this article with his/her spouse, lineal relative or family member, it shall be presumed that the beneficiary knew such act is likely prejudicial to rights of creditors at the time he/she received the benefit.
If the security provided under Subparagraph 3 of Paragraph 1 has been undertaken and notarized earlier than 6 months before the date of the court's ruling on the initiation of the rehabilitation or liquidation process ruled by the court, such security may not be revoked.
The right of revocation under paragraph 1 of this article s extinguished by prescription if it is not exercised within one year from the day following the court's ruling on the initiation of the rehabilitation or liquidation process.
If the debtor is under any obligation of performance due to a revocable act, even if the right of revocation is extinguished due to the preceding paragraph, the debtor or the administrator may refuse the performance.
The provisions of paragraphs 2 and 3 of this article shall apply mutatis mutandis to the non-gratuitous acts done between the debtor and the person specified in Article 4 and their spouses, lineal relatives or family members.
Article 21
After any act under paragraph 1 of the preceding article is revoked, the following provisions shall apply:
1. The beneficiary is liable for restoration to the status quo ante. However, a bona fide beneficiary of gratuitous acts is liable only for return of the existing interest in money or other property which the debtor previously received from the beneficiary, or repayment of the price of that interest.
2. The beneficiary may request for return of his/her money or other property to the debtor; if such money or other property cannot be returned, he/she may request for repayment of the amount of its price and shall have the priority to be paid off.
If the beneficiary has received other money or other property in lieu of the money or other property originally agreed, the effect of his/her claim shall be restored when the money or other property received is returned or the amount of its price is repaid.
Article 22
The right of revocation under Article 20 may be exercised by any person who acquires property of the debtor under any of thefollowing circumstances:
1. The acquiring person knew that his/her predecessor had the ground for revocation at the time of acquiring.
2. The acquiring person is the spouse, lineal relative or family member of the debtor or the person defined under Article 4 or has had such relationship, unless the acquiring person can certify that he/she did not know of the ground of his/her predecessor for revocation at the time of acquiring.
3. It was acquired without compensation by the acquiring person.
The provision of subparagraph 1 of paragraph 1 of the preceding article shall apply mutatis mutandis to the circumstance under the preceding paragraph.
Article 23
After the debtor has applied for rehabilitation or liquidation, his/her gratuitous acts shall be inoperative. His/her non-gratuitous acts beyond normal administrative acts or acts within the normal business scope, shall have no effect against the creditor if the counterparty knew of the fact at the time of such acts.
For any inoperative acts specified in the preceding paragraph, the supervisor or the administrator may request the counterparty and the acquiring person to return the money or other property they accepted, unless such money or other property was bona fide acquired with compensation by the acquiring person.
Article 24
After the court has ruled on the initiation of the rehabilitation or liquidation process, if either party has not completely performed the obligations under a bilateral contract executed by the debtor, the supervisor or the administrator may terminate or rescind the contract, unless it is obviously unfair under the circumstance.
In the circumstance under the preceding paragraph, the other party may demand the supervisor or the administrator to give a definite reply whether he/she would terminate or rescind the contract within 20 days of the demand. If the supervisor fails to give the definite reply within the prescribed period, he/she shall be deprived of the right to termination or rescission; if the administrator fails to give the definite reply, he/she shall be deemed to have terminated or rescinded the contract.
Article 25
When the contract is terminated or rescinded in accordance with the provisions of the preceding article, the other party may raise an objection within 10 days.
The court shall rule on any objection under the preceding paragraph.
In case of appeal from a ruling under the preceding paragraph, the appeal court shall conduct an oral argument before its ruling.
When the rulings under the preceding two paragraphs become final, such rulings shall have the same effect as a final judgment.
Article 26
When a contract is terminated or rescinded in accordance with the provisions of article 24, the other party may exercise his/her rights to the claims of rehabilitation or liquidation for the damage caused.
When the contract is terminated or rescinded in accordance with provision of Article 24, the other party may request for return of the money or other property, interest or profit that should be returned by the debtor. If it cannot be returned, such other party may request for repayment of the amount of its price and shall have the priority to be paid off.
Article 27
If any subrogation of litigation, withdrawal of litigation or other litigation is brought by a creditor for the preservation of rights relating to the property of the debtor before the court's ruling on the initiation of the rehabilitation or liquidation process, and has not been concluded at the time of initiation of the rehabilitation or liquidation process, the proceeding of such litigation shall be suspended automatically until the supervisor or the administrator resumes the litigation or the rehabilitation or liquidation process is terminated or concluded.
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