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

Print Time:2024/11/24 13:09
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Chapter Law Content

Title: Family Act CH
Category: Judicial Yuan(司法院)
PART III LITIGATION PROCEDURES FOR FAMILY MATTERS
CHAPTER IV LITIGATION MATTERS CONCERNING INHERITANCE
Article 70
With regard to claims arising from the restitution of inheritance, partition of inheritance, compulsory portions, legacy, verifying the authenticity of a will, or other claims arising from matters in respect of succession, the jurisdiction to hear the proceedings may belong to courts listed in the following:
1. the court for the place of the domicile of the successor at the opening of the succession;
2. the court for the place of the primary property of the deceased.
Article 71
A complaint to initiate the partition of inheritance shall indicate the matters provided in Article 38, and is advisable to include the genealogical list of inheritance and the inventory of the property of the deceased.
Article 72
Where there is a dispute with regard to the right to inheritance in a litigation concerning the partition of inheritance, the court shall direct the parties about the possibilities of adding to the original claim or raising a counterclaim in the said litigation.
Article 73
Where an agreement with regard to the manner of partition of the inheritance has been reached amongst all the parties, unless there exists a circumstance to which Article 45 of this Act shall be applied, the court shall make its judgment taking full account of such an agreement.
Prior to entering a judgment in accordance with the preceding paragraph, the court shall direct the parties to make a pleading through an oral argument or a motion.
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