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Title: Family Act CH
Category: Judicial Yuan(司法院)
PART III LITIGATION PROCEDURES FOR FAMILY MATTERS
CHAPTER I GENERAL PRINICIPLES
Article 37
Except as otherwise provided in the statutory law, provisions in this Part apply to litigation proceedings for family matters belonging to Category A, Category B, Category C in accordance with Article 3 and other family litigation matters.
Article 38
To initiate an action, a complaint shall be submitted to the court and indicate the following matters:
1. the Parties and their statutory agents;
2. the claim and the transactions and occurrence giving rise to such a claim; and
3. the demand for judgment for the relief sought.
It is advisable to indicate in a complaint the following:
1. all matters necessary for determining the competent court which exercises jurisdiction and for determining the applicable proceedings;
2. matters in the preparation of the oral argument;
3. the existence or non-existence of minor children between the parties; and
4. the existence or non-existence of other related matters pending before the court.
Article 39
Except as otherwise provided in the statutory law, a family matter action belonging to Category A or Category B in accordance with Article 3 that is initiated by one of the parties in the identification or relation that constitutes the very subject-matter of the claim shall list the counter party in the said personal identity or relationship matter as the defendant.
With regard to a case as provided in the preceding paragraph, except as otherwise provided in the statutory law, a family matter action that is initiated by a third party shall list both parties in the personal identity or relationship matter that constitutes the very subject-matter of the case as the joint-defendants; where one of such parties is dead, the claim shall list the surviving party as the defendant.
Article 40
Where the outcome of a family-matter litigation concerning matters belonging to Category A or Category B in accordance with Article 3 will involve an interest of a legal nature on part of a third party, the court shall, at a reasonable time prior to the conclusion of the oral argument proceedings for the first or second instance, serve such third parties known to the court with a written notice to inform them of the existence of the action concerned and the phase such an action is in; when the judgment is made, the court shall serve such third parties with a copy of the written judgment.
In the course of investigating whether there exists an interested party as provided in the preceding paragraph, the court, when necessary, may order the parties to provide relevant information or take other necessary measures.
The provisions in Article 56 of the Code of Civil Procedure shall apply, mutatis mutandis, to circumstances in which a third party served in accordance with Paragraph 1 of this Article intervenes in the action in accordance with Article 58 of the Code of Civil Procedure.
Where the court of the instance exclusively for legal scrutiny considers it necessary to attempt a settlement, the court may, in accordance with Article 377 of the Code of Civil Procedure, instruct the interested third parties to participate in the settlement proceedings.
Article 41
With regard to circumstances where a multiple of family litigation matters, or a family litigation matter and a family non-litigation matter, are connected in facts from which the relevant claims arise, a petition for joining the cases concerned may be made to one of the juvenile and family courts that has jurisdiction over such cases, notwithstanding the provisions in Articles 53 and 248 of the Code of Civil Procedure.
With regard to the circumstance provided in the preceding paragraph, a motion for amending or adding to the original claim, or for initiating a counter-claim, may be made prior to the conclusion of the oral pleading proceedings for the first or second instance.
Where a separate action is initiated with regard to claims the amendment of which, the addition to which, or a counter-claim to which may be made in accordance with the preceding paragraph, the court may, when considers it necessary for consolidating the handling of the matters concerned or upon agreement between the parties, upon motion by the parties or on its own initiative, consolidate the case or make a ruling to transfer the case to a court of first instance or of second instance that has the family litigation matter concerned before it at the earliest instance. Provisions in Article 6, Paragraphs 3 to 5 of this Act shall apply, mutatis mutandis, to such a circumstance.
Where a binding decision has been made at the time when a ruling to transfer the matter to the court becomes final and binding, the court to which the matter is thus transferred shall handle the transferred matter independently.
Where the binding decision as provided in the preceding paragraph is made by a first-instance court and the matter has been lawfully appealed to and is before a court of second instance, the court to which the matter is thus transferred shall further transfer the said matter to be dealt jointly with the appealed matter by the second-instance court that handles the appeal.
With regard to the joining of the matters by joining, amending, adding to the claims or initiating a counter-claim as provided in Paragraphs 1 to 3 of this Article, except as otherwise provided in this Act, the law governing the various matters respectively prior to their joining together shall apply.
Article 42
With regard to the multiple matters that may be joined by joining, amending, adding to the claims or initiating a counter-claim in accordance with Paragraphs 1 to 3 of Article 41, the court shall handle these matters jointly and ender a joint decision. Notwithstanding the foregoing, the court may handle the matters separately and enter separate decisions where there exists one of the following circumstances:
1. where there exists no connection between the objects of the claims or between the means of attack or defense;
2. where both parties agree that the matters should be handled separately and subject to separate decisions and the court considers such an agreement is appropriate;
3. where it is considered to be necessary that the matters should be handled separately and subject to separate decisions, judging from the nature of the matters involved.
Where the court makes a decision on the matters joined up family litigation matters and family non-litigation matters, except as otherwise provided in the statutory law, the decision shall be done in a judgment.
Article 43
Where a decision, in whole or in part, on an action transferred by a ruling of a court in accordance with Paragraph 3 of Article 41 and before the court thus transferred is premised upon whether the relevant claims in the transferred action can be sustained or upon their incompatibility with the claims in the main action, the court to which such a case is transferred may, upon motion by the parties or on its own initiative, make a ruling to suspend the litigation proceedings prior to the time at which the transfer ruling becomes final and binding.
Article 44
With regard to an appeal against a final decision of a family litigation matter or a family non-litigation matter, except as otherwise provided in the statutory law, the provisions governing the appellate procedure shall apply.
With regard to an appeal against a final judgment on a family litigation matter in whole or in part, the provisions governing the appellate procedure shall apply.
With regard to an appeal taken by a party or a third party of a family non-litigation matter against a final ruling made by a first-instance court in whole or in part, the provisions governing the appeal procedure from a ruling for such a family non-litigation matter shall apply.
Where an appeal is taken from a final judgment on a family litigation matter, the appeal shall be deemed to be an appeal taken on a judgment on matters that is based upon the legal relation ruled upon in the said family matter judgment.
Article 45
The parties may reach a settlement during the litigation proceedings on divorce, termination of an adoptive relation, partition of inheritance, or other matters subject to the parties’ own disposition. Nonetheless, a settlement on divorce or termination of an adoptive relation may only be reached by the express agreement made by both parties in person.
A settlement reached in accordance with the preceding paragraph shall have the same effect as a binding judgment upon being recorded in the settlement transcript.
With regard to a settlement involving a person’s identity which, in accordance with statutory law, requires registration, the court shall, on its own initiative, notify the household registration office of such a case.
Provisions in Part V-I of the Code of Civil Procedure on third-party opposition proceeding shall apply, mutatis mutandis, to the circumstances provided in Paragraph 2 of this Article.
Article 46
Except as otherwise provided in the statutory law, where a party has either abandoned or admitted the claim during an oral argument proceeding with regard to a matter that is subject to that party’s own disposition in accordance with Paragraph 1 of Article 45, the court shall, based upon such abandonment or admission, enter a judgment against such a party. Nonetheless, the foregoing provision shall not apply with regard to matters involving divorce or termination of an adoptive relation, where any of the following circumstances exists:
1. the abandonment or admission in question has not been stated in person by the party involved before the court;
2. the claim is joined with other claims, and a joint or consistent decision cannot be made on the matters as a whole;
3. the abandonment or admission in question is likely to prejudice the interest of a minor child, and a joint decision that incorporates protective measures for the interest of the minor child in question cannot be made.
With regard to the circumstances provided in the preceding paragraph, the presiding judge shall, prior to making a decision based upon the abandonment or admission by the parties, clarify the extent to which the interests of parties are likely to be affected by the court’s decision.
Where a party has abandoned the claim during an oral argument proceeding in person before the court with regard to a matter that is not subject to that party’s own disposition, the said party shall be deemed to have voluntarily dismissed the action. Nonetheless, the foregoing provision shall not apply with regard to circumstances where the multiple actions jointly initiated by the party are premised upon the abandonment of the claim in question.
Articles 262 to 264 of the Code of Civil Procedure shall apply, mutatis mutandis, to the circumstances provided in Paragraph 4 of Article 46.
Article 47
Upon the delivery of the complaint to the court, the presiding judge shall, taking into account the nature of the case, draw up a plan for conducting the proceedings, and designate dates for the oral argument proceedings at an appropriate time.
Except as otherwise provided in the statutory law, the means of attack or defense for the establishment of the respective cases shall be presented at an appropriate time, judging by the phase the litigation is in, prior to the conclusion of oral-argument proceedings.
Where a party has willfully or through gross negligence delayed in presenting an attack or defense so as to delay the conclusion of the litigation, the court, in making a decision on the case, may take into account the causes that might have given rise to the delay in presenting the attack or defense.
Paragraph 2 of Article 196, Paragraph 2 of Article 268-2, Article 276, Article 444-1 and Article 447 of the Code of Civil Procedure shall apply, mutatis mutandis, to circumstances provided in Paragraph 3 of Article 47 with regard to matters involving divorce, termination of adoptive relation, partition of inheritance or other matters subject to the parties’ own disposition.
In circumstances provided in Paragraphs 3 and 4 of Article 47, the parties shall be granted an opportunity to present their arguments.
Where a claim may be joined with other claims, amended, added or where a counter-claim may be made upon the parties’ statements, the court shall elucidate those circumstances to the relevant parties.
Article 48
A final and binding judgment on a family-matter litigation concerning matters belonging to Category A or Category B in accordance with Article 3 shall be legally binding on a third party. Nonetheless, the foregoing provision shall not apply to the following situations:
1. where a party whose marital relations will be affected by the outcome of litigations on a declaratory judgment on confirming the invalidity of a marriage, or on a judgment of the existence or non-existence of a marriage has been prevented from intervening in the action prior to the conclusion of the oral argument proceedings for the first or second instance due to reasons not imputable to himself or herself;
2. where a party who would assert that he or she has a parental relation with a child in question depending on the outcome of a litigation on a declaratory judgment on confirming the existence or non-existence of a parental relation has been prevented from intervening in the action prior to the conclusion of the oral argument proceedings for the first or second instance due to reasons not imputable to himself or herself;
3. where a child born out of wedlock who would assert that he or she be affected by the outcome of a litigation on acknowledgement of a child has been prevented from intervening in the action prior to the conclusion of the oral argument proceedings for the first or second instance due to reasons not imputable to himself or herself.
Where a party provided in Subparagraphs 1 to 3 of the preceding paragraph or a third party whose interest of a legal nature is involved has been prevented from intervening in the action due to reasons not imputable to himself or herself, such a party may initiate an opposition action against the final and binding judgment to seek the revocation of the part of the judgment in question which is prejudicial to his or her interest. Provisions in PART V-I of the Code of Civil Procedure on third-party opposition proceeding shall apply, mutatis mutandis, to the foregoing circumstances.
Article 49
Where the court has reasons to believe that there is a prospect for the parties to the family-matter litigation to reach an amicable solution or the parties have come very close to a settlement, the court may suspend the proceedings for a period of no longer than six months or take other necessary measures.
Article 50
Except as otherwise provided in the statutory law, where the plaintiff to an action concerning a person’s identity or relationship has died prior to the time at which the judgment becomes final and binding, the pending action shall be deemed to be concluded.
With regard to an action initiated in accordance with Article 39, where one of the co-defendants has died prior to the time at which the judgment becomes final and binding, the action shall continue with the assumption of the action by the surviving defendant.
Except as otherwise provided, with regard to an action initiated in accordance with Article 39, where all of the co-defendants have died prior to the time at which the judgment becomes final and binding, the action shall continue with the assumption of the action by a prosecutor.
Article 51
Except as otherwise provided in this Act, provisions in the Code of Civil Procedure shall apply, mutatis mutandis, to the family-matter litigation.