No Support JavaScript

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

Print Time:2024/11/22 06:19
:::

Chapter Law Content

PART V-I THIRD-PARTY OPPOSITION PROCEEDING
Article 507-1
In cases where a third party who is legally interested in an action was prevented from intervening in that action due to reasons not imputable to himself/herself, and thus was unable to present means of attack or defense which may have affected the result of the judgment, such third party may, by naming the parties to that action as co-defendants, initiate an opposition action against that final and binding judgment to seek the revocation of the portion of such judgment prejudicial to him/her, except where such party should seek remedies through other legal proceedings.
Article 507-2
In matters of a third-party opposition action, the original court which entered the opposed judgment has exclusive jurisdiction.
In matters of a third-party opposition action jointly filed against the judgments entered on the same matter by courts of different instances, or merely against the judgment entered by the superior court, the original court of second instance has exclusive jurisdiction. Where no judgment has ever been entered by the court of second instance, the original court of first instance has exclusive jurisdiction.
Article 507-3
No third-party opposition proceeding operates to stay the execution of the original final judgment with binding effect. Notwithstanding, where necessary or on motion, the court may, after ordering an appropriate and solid security, stay the effectuation of the original judgment with regard to the prejudicial portion by a ruling to the extent stated in the demand made.
An interlocutory appeal may be taken from the ruling provided in the preceding paragraph.
Article 507-4
Where the court finds the third-party opposition action meritorious, it shall revoke the portion of the original final and binding judgment which is prejudicial to that third party and, if necessary, according to the third party's demand and within the scope of the revoked portion, enter a judgment to amend the original judgment.
In cases provided in the preceding paragraph, the original judgment shall still take effect between the parties to the original action, except where the claim of action must be adjudicated jointly with regard to the parties to that original action and the third party who initiated the third-party opposition action.
Article 507-5
The provisions of the first and the second paragraphs of Article 500, Articles 501 to 503 inclusive, Articles 505 and 506 shall apply mutatis mutandis to a third-party opposition action.
Web site:Laws & Regulations Database of The Republic of China (Taiwan)