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

Print Time:2024/11/22 05:33
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Chapter Law Content

PART II PROCEDURE IN THE FIRST INSTANCE
CHAPTER IV SMALL-CLAIM PROCEEDING
Article 436-8
Where the action is for the payment of money, other replaceable objects or securities and the price or claim value is not more than NTD 100,000, then the provisions of this Chapter on Small-Claim Proceedings shall apply.
Where the court considers it inappropriate for a Small-Claim Proceeding to apply, it may, on its own initiative, switch to a summary proceeding by a ruling, and the original judge shall continue adjudicating the case.
The ruling provided in the preceding paragraph is not reviewable.
In an action provided in the first paragraph, where the price or claim value is not more than NTD 500,000, the parties may agree to apply a Small-Claim Proceeding and such agreement shall be evidenced in writing.
Article 436-9
In cases where a party to a Small-Claim Proceeding is a juridical person or a merchant and it has, by the standard contract that it uses, designated either the place of performance of obligations or a court of the first instance to exercise jurisdiction, the provisions of Article 12 or Article 24 shall not apply, except when both parties to such action are juridical persons or merchants.
Article 436-10
The plaintiff of an action initiated under a Small-Claim Proceeding may use the standard complaint form prescribed by the Judicial Yuan.
Article 436-11
A Small-Claim Proceeding may be conducted in the evening hours, on Sundays, or other days off, except as may be objected to by a party.
The Judicial Yuan shall prescribe the rules governing the court sessions held in evening hours, on Sundays or other days off provided in the preceding paragraph.
Article 436-12
In matters provided in Article 436-8, where a mediation proceeding is required by the operation of law, and a party, without giving a justifiable reason, failed to appear at the mediation session after being duly notified to do so five days prior to the session, the court may, on a motion by the party appearing, order oral argument to be conducted immediately and may, on its own initiative, enter a default judgment.
The summons for a mediation session shall indicate the legal consequence of a failure to appear provided in the preceding paragraph.
Article 436-13
(Repealed.)
Article 436-14
In the case of any of the following, the court may, taking all circumstances into consideration and without taking evidence, find the facts and enter an equitable decision:
1.Where both parties agree;
2.Where the time and cost for taking evidence is manifestly disproportional to the claim demanded.
Article 436-15
The parties may amend the claim, raise an additional claim or a counterclaim only to the extent permitted by the first paragraph of Article 436-8, except where the parties have agreed on a continued application of a Small-Claim Proceeding and the court also considers it appropriate to do so.
Article 436-16
A claim may not be divided for the purpose of applying a Small-Claim Proceeding except where the claimant party has represented to the court that he/she will not initiate another action with regard to the remainder of such claim.
Article 436-17
(Repealed.)
Article 436-18
A written judgment may only indicate the main text and, where necessary, note the purport of the reason with regard to the issues disputed by the parties.
The judgment provided in the preceding paragraph may be written in the complaint or the transcript where the initiation of an action is made orally.
The judgment provided in the two preceding paragraphs may be indicated in a standard form. The Judicial Yuan shall prescribe the standard form and the production of an authenticated copy thereof.
Article 436-19
The court shall, in deciding the responsibility for court costs, fix the amount thereof.
For purposes provided in the preceding paragraph, the court may order the parties to present the calculation of expenses in writing along with documents sufficient to make a preliminary showing of the amount of such expenses.
Article 436-20
The court shall, on its own initiative, upon entering a judgment against the defendant, declare a provisional execution.
Article 436-21
In ordering a defendant to perform the prestation claimed, the court, with the plaintiff's consent, may relieve the defendant from part of the prestation in the judgment on the condition that the defendant voluntarily performs the prestation within a designated period.
Article 436-22
In cases where the court enters a judgment allowing either the performance of prestation by installments or a grace period according to the defendant's request, the court may designate the additional amount that the defendant shall pay to plaintiff in case the defendant defaults in its performance. Notwithstanding, such additional amount shall not exceed one third of the amount awarded by the judgment.
Article 436-23
The provisions of Article 428 to Article 431 inclusive, the first paragraph of Article 432, Article 433 to Article 434-1 inclusive and Article 436 shall apply mutatis mutandis to Small-Claim Proceedings.
Article 436-24
An appeal from a judgment or an appeal from a ruling may be taken from the decision made in the first instance under a Small-Claim Proceeding to the district court having jurisdiction, and such appeal shall be adjudicated by judges sitting in council.
No appeal may be taken from the decision made in the first instance as provided in the preceding paragraph except on the grounds that such decision is in contravention of the laws and regulations.
Article 436-25
The notice of appeal shall indicate the reasons for the appeal and specify the following matters:
1.The laws and regulations which the original judgment contravened and the specific content thereof;
2.Specific facts, as revealed by the litigation materials, which may lead to a finding that the original judgment is in contravention of said laws and regulations.
Article 436-26
In cases where an ordinary proceeding or summary proceeding should apply and the court of first instance has erroneously applied a Small-Claim Proceeding, the court of second instance may reverse the original judgment and remand the case to the original court, except in cases provided in the fourth paragraph of Article 436-8 when the party has expressed no objection, or he/she knows or should have known such error but has proceeded orally on the merits without raising any objection.
In the case provided in the preceding paragraph, the parties shall be accorded an opportunity to be heard. Where both parties agree that the court of second instance can continue adjudicating the action under a Small-Claim Proceeding, the court shall decide on the case.
The judgment provided in the first paragraph may be entered without oral argument.
Article 436-27
No party may amend the claim, raise an additional claim, or counterclaim in the proceeding in the second instance.
Article 436-28
No party may present additional means of attack or defense in the proceeding in the second instance, except in cases where such means of attack or defense were prevented from being presented as a result of the lower court acting in contravention of the laws and regulations.
Article 436-29
In case of any of the following, the judgment in the second instance under a Small-Claim Proceeding may be entered without oral argument:
1.Where both parties agree;
2.Where the import of the appeal sufficiently shows that the appeal is meritless.
Article 436-30
No appeal from either a judgment or an appeal from a ruling may be taken from the decision made in the second instance under a Small-Claim Proceeding.
Article 436-31
Where an appeal from a judgment or an appeal from a ruling taken from a decision made in the first instance under a Small-Claim Proceedings has been denied on the merits, no rehearing action may be initiated and no motion for rehearing may be filed on the same ground.
Article 436-32
The provisions of Article 436-14, Article 436-19, Article 436-21 and Article 436-22 shall apply mutatis mutandis to the appellate proceeding of small-claim actions.
The provisions of Article 438 to 445 inclusive, Article 448 to Article 450 inclusive, Article 454, Article 455, Article 459, Article 462, Article 463, Article 468, subparagraphs 1 to 5 inclusive of Article 469, Article 471 to Article 473 inclusive, and the first paragraph of Article 475 shall apply mutatis mutandis to the appellate proceeding of small-claim actions.
The provisions of Part IV shall apply mutatis mutandis to the proceeding of appeals from rulings of small-claim actions.
The provisions of Part V shall apply mutatis mutandis to the rehearing proceeding of small-claim actions.
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