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

Print Time:2024/11/22 14:27
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Chapter Law Content

Chapter II: The Enforcement of Monetary Claims
Section VI: Enforcement Against The Property of Public Juridical Persons
Article 122-1
With regard to the compulsory enforcement against monetary claims, where the debtor is a central or local authority or public juridical persons in accordance with laws, the provisions of this Section apply, except that the debtor is a financial institution or other public utility not concerning the living necessaries of the people.
The provisions of Articles 20 to 25 do not apply to the enforcement in the preceding paragraph.
Article 122-2
The enforcement court shall first issue an enforcement order to the debtor referred to in the preceding Article and urge it to voluntarily perform it or pay the money to the enforcement court for transmitting to the creditor pursuant to the enforcement title within 30 days.
Where the money to be paid by the debtor is included in a budget and does not operate pursuant to the preceding paragraph, the enforcement court may apply the provisions of Article 115 Paragraphs 1 and 2 and enforce it directly against the public treasury in charge.
Article 122-3
Where the public property owned and administered by the debtor is necessary for the implementation of public affairs or the transfer of such property is against the public interest, the creditor may not compulsorily enforce it.
In the circumstances prescribed in the preceding paragraph, the enforcement court shall consult the debtor's opinion or conduct other necessary investigation when in doubt.
Article 122-4
The non-public property owned and administered by the debtor and the public property other than that referred to in the first paragraph of the preceding Article remain subject to the compulsory enforcement and unconstrained by the provisions pertaining to the disposal under the National Property Act, Land Act, and other laws or regulations.
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