Except as otherwise provided in the statutory law, provisions in this Part apply to non-litigation proceedings for family matters belonging to Categories D and E in accordance with Article 3 as well as other family non-litigation matters.

Except as otherwise provided in the statutory law, a motion or a statement may be made by a written or an oral pleading.
An oral pleading of a motion or a statement shall be made before a court clerk; the court clerk shall make a transcript thereof and sign therein, and include that transcript in the court records.
A pleading of a motion, either in a written statement or in a transcript of an oral statement, shall state the following:
1. the full name and the domicile or habitual residence of the applicant; where the applicant is a juridical person, an agency, or an unincorporated association, its full name, its principal office, or its office or place of business;
2. the full name and the domicile or habitual residence of the opposing party, if any;
3. the full name and the domicile or habitual residence of an interested party, if any;
4. the full name and the domicile or habitual residence of the statutory agent and of the non-litigious agent, if any, together with the relationship between the interested party and such an agent;
5. the purpose of the motion and the transaction or occurrence that has given rise to the motion;
6. the evidence necessary to prove the facts or to make a preliminary showing;
7. the annexed documents and the number of items thereof;
8. the court to which the pleading is made, and
9. the date of the pleading.
It is advisable that a pleading of a motion, either in a written statement or in a transcript of an oral statement, shall state the following:
1. the gender, date of birth, occupation, R.O.C. citizen identification number, uniform business number, telephone number, and any other details that are useful for identifying of the applicant, the opposing party, other interested parties, the statutory agent, or the non-litigious agent;
2. matters necessary for determining the competent court to exercise jurisdiction and the applicable proceedings;
3. where there are other related matters that are pending before a court, such matters.
The applicant or the agent who acts on his or her behalf shall sign the said written statement or transcript; where it is impossible for the applicant or his or her agent to sign such a document, such parties may cause another person to write their full names and impress their seals or fingerprints.
Formats of the written statement or the transcript of an oral statement provided in Paragraphs 3 and 4 of this Article shall be prescribed by the Judicial Yuan.
An interested party may transmit such a written statement to the court via telefax or other technological means. Such a transmittal has the same effect as a submission of a written statement. Detailed regulations governing the electronic transmission of a written statement shall be prescribed by the Judicial Yuan.

After receiving the written statement or the transcript of an oral statement, in addition to ordering the applicant to submit written statements to provide details on specific matters within a designated period of time or on a designated date, the court shall expeditiously serve the copies of the said written statement or transcript of an oral statement upon parties provided in sub-Paragraphs 2 and 3 of Paragraph 3 of Article 75, and order such parties to make a statement within a designated period of time.

The court shall notify the following persons to participate in the proceedings, unless such a notification is manifestly difficult to be made:
1. persons who shall be notified to participate in the proceedings in accordance with statutory requirements;
2. children, adopted children, parents, or adoptive parents in a parent-child relation matter;
3. persons whose rights will be infringed by the outcome of the proceedings.
The court may notify persons whose interests will be affected by the outcome of the proceedings or the relevant authorities or the public prosecutor to participate in the proceedings.
Persons provided in the preceding two paragraphs or other interested persons may move to participate in the proceedings. Nonetheless, where the court considers the criteria for such participation are not satisfied, it shall dismiss such a motion by a ruling.

The court shall investigate facts and necessary evidence on its own initiative.
Where a court deems the claims or statements of an interested party to be incomplete, it shall direct such a party to clarify or to provide supplementary explanations.

Provisions in Articles 41, Paragraph 1 of Article 42 and Article 43 of this Act shall apply, mutatis mutandis, to the joining-in, amending, adding to the original claim or in the counter-claim of family non-litigation matters.

Where the applicant is not able to continue his or her participation in the proceedings due to death, disqualification or other circumstances, other persons who are entitled to file a petition may, within ten days from the happening of such a circumstance, file a declaration to assume the proceedings; notwithstanding the forgoing, the court may, on its own initiative, notify such persons to assume the proceedings.
Where the opposing party is not able to continue his or her participation in the proceedings due to circumstances as provided in the preceding paragraph, the provision of the preceding paragraph shall, mutatis mutandis, apply.
Where a matter, irrespective of being initiated by parties’ petition or on the court’s own initiative, is not assumed, the court shall continue the proceedings when deems it necessary.

A court ruling shall be served upon a person against whom a ruling is made, as well as upon the interested parties known to the court.
The persons provided in Paragraph 1 of Article 77 may file a petition to the court for a service with the court ruling.

Except as otherwise provided in the statutory law, a court ruling shall take effect upon its announcement, publication, service or notification by an appropriate means upon a person against whom the said ruling is made. Notwithstanding the forgoing, where an interlocutory appeal is filed in accordance with the law, the execution of such a ruling shall be suspended during the time when such an appeal is still pending.
Where a court ruling is published or notified by an appropriate means, the court clerk shall issue a certificate indicating the said appropriate means and the date of the notification and annex the certificate to the dossier of the case.

Except as otherwise provided in the statutory law, a court may revoke or amend a ruling made by itself, where the said court deems the said ruling inappropriate and where there exists one of the following circumstances:
1. that an interlocutory appeal may not be filed against the said ruling;
2. that where against the said ruling an interlocutory appeal may be filed and an interlocutory appeal has been filed, nonetheless the case has yet been transferred to an immediate superior court;
3. that the said ruling was made on a matter that is not subject to the disposition of an interested party. Nonetheless, where the interlocutory appeal has been ruled upon by an immediate superior court, the said immediate superior court may revoke or amend the said ruling.
Where a court makes a ruling on a matter that is subject to the disposition of a an interested party, and the said ruling denies the petition, the court may not revoke or amend the said ruling in accordance with Subparagraph 1 of the preceding paragraph, unless a petition to that effect is made by the applicant.
Where circumstances have changed after the time at which the ruling concerned becomes final and binding, the court may revoke or amend the said ruling.
Prior to revoking or amending a ruling, the court shall grant an opportunity to be heard to the interested parties.
Except as otherwise provided in the statutory law, the effects of the revocation or amendment of a court ruling shall not be retroactive.

Provisions in Article 83 of this Act shall apply, mutatis mutandis, to a mediated decision on a family non-litigation matter reached under the auspices of a court. Notwithstanding the forgoing, a ruling on a matter that is subject to the disposition of an interested party, the court may not revoke or amend the said ruling unless a petition to that effect is made by the applicant or the opposing party.
Where, in accordance with a mediated decision on a matter that is subject to the disposition of a an interested party, a party is obligated to tender a specific performance and the said performance has not been carried out, and moreover, where a change of circumstances has rendered the content of the mediated decision manifestly unfair, the court may, upon motion and by a ruling, amend the said mediated decision.
Prior to making a ruling in accordance with the preceding paragraph, the court shall grant an opportunity to be heard to the interested parties.

With regard to a family non-litigation matter that has already been admitted, except as otherwise provided in the statutory law and prior to the time at which the substantive ruling becomes final and binding, the court, when necessary, may, either upon motion by the parties or on its own initiative, order an appropriate injunction. Notwithstanding the forgoing, with regard to a matter that is subject to the disposition of an interested party, such an injunction may not be ordered unless a motion to that effect is filed by the said interested party.
In filing a motion in accordance with the preceding paragraph, an interested party shall indicate the following: the substantive claims, the subject-matters to be covered by the injunction, and the grounds for ordering the injunction, as well as clarifying the grounds for indicating the injunction to the extent that the matters concerned are subject to the disposition of the said party.
By the injunction ordered in accordance with Paragraph 1 of this Article, the court may order the interested parties to perform a specific act, prohibit the interested parties from performing a specific act, state the status quo to be provisionally maintained, or order other appropriate handling.
No provision of security shall be required by the order indicating an injunction made in accordance with Paragraph 1 of this Article. The forgoing shall be without prejudice to the application of other provisions in the statutory law, or where the court deems an injunction necessary.
Detailed regulations governing the categories of circumstances that may be covered by an injunction, as well as the methods of ordering an injunction shall be prescribed by the Judicial Yuan.

An injunction shall be ordered by a ruling of the court with which the substantive case is registered; where an interlocutory appeal has been taken from the ruling on the merits of the case, and the dossier of the case has been transferred to the immediate superior court, the injunction shall be ordered by a ruling by the said immediate superior court. Notwithstanding the forgoing, where, subsequent to the registration of the case, the urgency of the situation so requires that a timely injunction cannot be ordered by the court with which the case is registered or the immediate superior court, such an injunction may be ordered by a ruling of the court that has jurisdiction ratione loci for the place where the properties, the objects of the claims, or the interested parties are, and the court that makes the ruling shall immediately transfer the ruling to the court with which the case is registered or the immediate superior court.

An injunction shall take effect upon the service or the notification of the ruling upon the persons against whom the ruling was ordered, unless, where it is manifestly difficult for such a notification to be made, the said injunction shall take effect upon the publication of the ruling.
A ruling that orders an injunction may serve as a writ of execution.
Except as otherwise provided in the statutory law, the execution of an injunction may be conducted, on its own initiative, by the court that has made the ruling ordering the injunction.
Where the ruling ordering an injunction concerns matters that shall be registered in accordance with the law, the court shall notify the competent authorities in question. The forgoing shall apply irrespective of the eventualities where the ruling becomes inoperative.

Where an injunction is considered improper or is no longer necessary after the time at which the ruling that orders the said injunction becomes final and binding, the court may, upon motion by the parties or on its own initiative, revoke or amend the said injunction.
Unless the court considers it improper, prior to revoking or amending a ruling in accordance with the preceding paragraph, the court shall grant an opportunity to be heard to the interested parties.

Except as otherwise provided in the statutory law or otherwise ruled by the court, a ruling that orders an injunction shall be automatically inoperative under one of the following circumstances:
1. where the substantive claims have been denied by a final and binding judgment;
2. where the proceedings relating to the substantive claims have been deemed terminated out of the voluntary dismissal of the action or other grounds;
3. in so far as the differing parts between the contents of the ruling that orders an injunction, and the parts of the substantive claims that have been granted by a final and binding judgment, or the parts that have been established by the reaching of a mediation or a settlement;
4. where the ruling that orders an injunction has been revoked or amended by a final and binding ruling.

Where there is one of the circumstances provided in Article 89, the court may, upon motion by the parties or on its own initiative, within the extent to which the ruling that orders an injunction is automatically inoperative, order the return of the prestations received or other appropriate handling. The foregoing provision does not apply to the payment for living expenses of the household or for expenses of maintenance within the limit that is necessary.
Prior to making a ruling in accordance with the preceding paragraph, the court shall grant an opportunity to be heard to the interested parties.
Provisions in Paragraphs 2 and 3 of Article 87 and in Article 91 of this Act shall apply, mutatis mutandis, with regard to the court’s ruling in accordance with Paragraph 1 of this Article.
Res judicata exists as to a claim covered by a final and binding ruling done in accordance with Paragraph 1 of this Article.

Except as otherwise provided in the statutory law, an interlocutory appeal may be taken from a ruling that orders an injunction only by a person who is entitled to take an interlocutory appeal from a ruling that grants the substantive claims; the execution of the said ruling that orders an injunction shall not be stayed pending an appeal, unless where considered necessary, the court that originally made the ruling or the immediate superior court may order a stay of execution with or without provision of a security.
No interlocutory appeal may be taken from a ruling done in accordance with the last sentence of the preceding paragraph.
An interlocutory appeal from a ruling that denies a motion for an injunction may only be taken by the applicant.
Unless the immediate superior court considers it improper, prior to making a ruling in accordance with the preceding paragraphs, the immediate superior court shall grant an opportunity to be heard to the interested parties.

An interlocutory appeal from a ruling that infringes the rights of the interested parties may be taken by the said interested parties.
An interlocutory appeal from a ruling that affects the public interest may be taken by the relevant competent authorities or by a prosecutor.
Where a ruling is made upon motion with regard to a matter that is subject to the disposition of an interested party, an interlocutory appeal from a ruling that denies the motion may be taken only by the applicant.

Except as otherwise provided in the statutory law, an interlocutory appeal may be taken within a peremptory period of ten days following the service of the ruling. Notwithstanding the preceding provision, a filing of an interlocutory appeal prior to the service of the ruling shall be valid.
Where the ruling is served upon none of the persons who are entitled to take an interlocutory appeal, the time period provided in the preceding paragraph shall begin to run only from the service of the ruling upon the applicant or other interested parties.
Where there is more than one person upon whom the ruling shall be served in accordance with Paragraphs 1 and 2 above, except as otherwise provided in the statutory law, the time period for taking an interlocutory appeal shall begin to run from the first service of the ruling.

An interlocutory appeal from a ruling made by a court of first instance on a family non-litigation matter shall be ruled jointly by judges sitting in council in the juvenile and family court.
An interlocutory appeal from a ruling made in accordance with the preceding paragraph may be taken forthwith to the Supreme Court only on ground of a manifest error in the application of statutory law.
Where a petition for amending or adding to the original claim, or for initiating a counter-claim is made prior to the conclusion of the oral pleading proceedings for the first or second instance in accordance with provisions in Article 41, an interlocutory appeal from a ruling made by a court of second instance on a family non-litigation matter shall be ruled by its immediate superior court.

Unless the immediate superior court considers it improper, prior to making a ruling on the substantive claims, the immediate superior court shall grant an opportunity to be heard to parties whose legal interest may be affected by the outcome of its decision.

Provisions with regard to rehearing proceeding in PART V of the Code of Civil Procedure shall apply, mutatis mutandis, to a final and binding ruling on the substantive claims made on a family non-litigation matter. Notwithstanding the foregoing provision, where there exists one of the following circumstances, no motion for rehearing may be made on the identical ground:
1. the ground for review, having been asserted in an interlocutory appeal, in a motion for rehearing, or in a motion for revoking or amending, has been overruled on ground of being meritless;
2. the ground for review, having been known but not been covered by an interlocutory appeal, or having been covered by an interlocutory appeal but not been asserted, has been overruled on ground of being meritless.

Except as otherwise provided in the statutory law, provisions in the Act Governing Non-litigation Cases shall apply, mutatis mutandis, to a family non-litigation matter.

Provisions in Articles 52 and 53 of this Act shall apply, mutatis mutandis, to jurisdiction over matters concerning mutual obligation of cohabitation between husband and wife, designation of the domicile for the husband and the wife by a court, mutual obligation between the husband and the wife to inform each other of the condition of his or her property acquired in marriage, payment for living expenses of the household, for expenses of maintenance, for alimony, or court order of the application of the separation of property regime for matrimonial property.

A claim for living expenses of the household, for expenses of maintenance or for alimony shall indicate the following in a preparatory pleading or a transcript:
1. the amount, duration, and the payment method of the claim;
2. the income level, property status, and other relevant information regarding the personal financial capacity of the relevant parties, evidenced by photocopies of the documents used.
An applicant who claims multiple items among the expenses provided in the preceding paragraph may combine those into a claim of a sum total or of a minimum amount; where the claims or statements are unclear or incomplete, the court shall direct such a claimant to clarify or to provide supplementary explanations.
Where an applicant claims for the minimum amount in accordance with the preceding paragraph, he or she shall supplement the claims prior to the conclusion of the proceedings. Where the claimant fails to supplement the claims, the court shall inform the claimant that he or she may so supplement the claims.

In determining the amounts, the bearers, the methods or the portions of sharing of payment for living expenses of the household, for expenses of maintenance or for alimony, the court may take into account all the relevant circumstances, and is not bound by the claims made by the applicant.
With regard to payment in the preceding paragraph, the court may, upon motion by the parties or on its own initiative, order it to be made in one lump sum, in installments, or in periodic fixed amount, and with provision of a security when necessary.
Where the court orders the payment to be made in installments, it may determine the extent or conditions where the subsequent installments become due upon a default of performance of one installment.
Where the court orders the payment to be made in periodic fixed amount, it may determine the extent or conditions where the benefit of periodic payment is lost and the amount that shall be paid in addition, which shall not exceed half of the fixed amount.

Where, during the litigation proceedings relating to the substantive claims, the applicant and the opposing party have reached a settlement with regard to matters provided in Article 98 or other matters subject to the parties’ own disposition, the settlement shall have the same effect as a binding judgment upon being recorded in the settlement transcript.
The applicant and the opposing party may not, in accordance with the preceding paragraph, reach a settlement with regard to matters that, though subject to the parties’ own disposition, are nonetheless not covered under the subject matters of the proceedings, unless filing a petition for amending or adding to the original claim, or for initiating a counter-claim.
Where the applicant and the opposing party have reached an agreement with regard to matters other than those provided in the preceding two paragraphs, the court shall, after considering the content of such an agreement, enter an appropriate judgment.
Where there are grounds for nullifying or revoking a settlement provided in Paragraphs 1 or 2 of this Article, the applicant or the opposing party may move for continuing the proceedings of the original action, to which Article 380, Paragraph 3 of the Code of Civil Procedure shall, mutatis mutandis, apply.
A third party whose legal interest has been adversely affected by a settlement provided in Paragraphs 1 or 2 of this Article may move for revoking or amending the parts that so adversely affected his or her legal interest, to which provisions in Part V-I of the Code of Civil Procedure relating to third-party opposition proceeding shall, mutatis mutandis, apply.

Where terms and conditions in a binding judgment or a settlement regarding payment for expenses provided in Article 99 have yet to be realized, and are manifestly unfair due to a fundamental change of circumstances, the court may, upon motion by the applicant or the opposing party, modify the said terms and conditions in the binding judgment or the settlement.
Prior to entering a judgment in accordance with the preceding paragraph, the court shall grant an opportunity to be heard to a relevant party.

Where, as for the proceedings of action provided in Article 99, a relevant party disputes the legal relations on which the claims are based, the court shall direct the said relevant party that he or she may move for his or her claims to be joined with the action and covered by a single judgment.
Where a relevant party moves for his or her claims to be joined in accordance with the preceding paragraph, the court shall make a ruling that litigation proceedings for family matters shall be applied and the presiding judge shall continue adjudicate the case, unless the relevant parties agree that non-litigation proceedings for family matters shall apply.
No interlocutory appeal may be taken from a ruling done in accordance with the preceding paragraph.

With regard to non-litigation matters concerning parent-child relations in the following, the jurisdiction to hear the proceedings exclusively belongs to the court for the place of the domicile or habitual residence of the child; in case that the said child does not have a domicile or a habitual residence, the jurisdiction to hear the proceedings may be exercised by the court for the place where the child currently resides, if the court considers appropriate:
1. matters concerning claims of maintenance of the minor child, determination, change, or modification of the exercise of rights or assumption of obligations with regard to the minor child, or determination of the exercise of rights or assumption of obligations with regard to essential matters of the minor child;
2. matters concerning the change of the surname of the minor child;
3. matters concerning the cessation of the exercise of the parental rights;
4. matters concerning the designation of a special agent for the minor child;
5. matters concerning the handing over of a child;
6. other matters concerning parent-child relations.
Where the number of the minor children concerned is more than one and their domiciles or habitual residences do not locate in the jurisdiction ratione loci of one single court, the courts that have the jurisdiction ratione loci may exercise concurrent jurisdictions.
Where the court finds matters provided in Paragraph 1 of this Article meritorious, the proceedings fees shall be borne, jointly or severally, by the parents of the minor child.

Where the subject-matters of a non-litigation matter concerning parent-child relations are related to a litigation concerning marriage or parent-child relations which has independently been pending before a court, the court shall, except as otherwise provided in the statutory law, order the said non-litigation matter to be joined with the said litigation concerning marriage or parent-child relation before the court of the first or second instance.
No interlocutory appeal may be taken from a ruling done in accordance with the preceding paragraph. The court to which the non-litigation matter concerned is transferred shall handle the said non-litigation matter and may not re-transfer the matter.

In assessing the best interest of the minor child, the court may consult the competent authorities or the social welfare authorities, seek the assistance of such authorities in visits or investigations; the said competent authorities shall record the results of the visits or investigations in reports, accompanied by concrete recommendations.
Prior to making a decision taking into account the investigation reports in accordance with the preceding paragraph, the court shall grant the interested parties opportunities to be heard. Notwithstanding the foregoing provision, the requirement for a hearing does not apply to situations where the privacy of the related persons or an inappropriate subject-matter is involved.
The court, when necessary, may notify the relevant personnel from the competent authorities or the social welfare authorities to be present at a designated proceeding, who shall be granted opportunities to be heard.
Under the circumstances as provided in the preceding paragraph, the court may take appropriate and necessary measures to protect the privacy and safety of the relevant personnel from the competent authorities or the social welfare authorities.

In determining, changing, or modifying the exercise of rights or assumption of obligations by parents with regard to the minor child, the court may: order the handing over of the child; order that a party shall tolerate the taking of the child by the other party; determine the manner or duration of meeting or interact with the minor child by the parent who does not exercise rights or assume obligations; order payment for expenses of maintenance; order handing over identity documents or other property; or order other appropriate measures, specifying necessary detailed requirements.
Provisions in Articles 99 to 103 of this Act shall apply, mutatis mutandis, to ordering of payment for expenses of maintenance provided in the preceding paragraph.

Prior to making a decision on matters provided in the preceding article or on other non-litigation matters concerning parent-child relations, the court shall, taking into account the physical and mental conditions of the minor child including the age and the capability of discernment, direct the parties to notice the implications of the forthcoming decisions, by an appropriate means within or without the court room, so as the parties may have an opportunity to express their will or state their opinions. If necessary, the court may seek the assistance from experts in child or adolescent psychology or in other relevant fields.
The provision in Paragraph 3, Article 17 of this Act shall apply, mutatis mutandis, with regard to the remuneration payable to the experts in child or adolescent psychology or in other relevant fields provided in the preceding paragraph.

Notwithstanding the fact that the minor child himself or herself is not a party in proceedings on matters concerning the exercise of rights or assumption of obligations with regard to the minor child, the court, for the best interest of the minor child, may when necessary, upon motion by the parents, the minor child, the competent authorities, the social welfare authorities, or other interested parties or on its own initiative, designate a guardian ad litem to act in the proceeding.

In the course of proceedings on matters provided in Article 107 or other non-litigation matters concerning parent-child relations, where the parents reached a settlement on matters that are subject to their mutual agreement and the settlement so reached is in the best interest of the minor child, the court shall record the content of the said settlement in the settlement transcript.
The provisions in Articles 101, 102 and 108 of this Act shall apply, mutatis mutandis, with regard to the preceding paragraph.

In designating a special agent for the minor child, the court shall take into account all evidence that it can find in time.
Prior to making a ruling with regard to designation in accordance with the preceding paragraph, the court shall consult the person who might be so designated.
A ruling with regard to designation in accordance with the preceding paragraph may record the types of matters and the scope of authority that are delegated to the special agent.
A ruling in designating a special agent shall take effect upon the service of the ruling upon or being notified in open court to the person who is so designated.
To protect the best interest of the minor child, the court may when necessary, upon motion by the parents, the minor child, the competent authorities, the social welfare authorities, or other interested parties or on its own initiative, re-designate a special agent.

The court, upon the motion by a special agent, may determine the amount of his or her remuneration, taking into account the following:
1. the grounds the special agent is designated;
2. the efforts paid into carrying out the functions of such a special agent;
3. the assets of the minor child and of the parents;
4. the relation of the special agent with the minor child.
Except as otherwise provided in the statutory law, the remuneration provided in the preceding paragraph shall be borne by the minor child. Notwithstanding the foregoing, where the designation of a special agent has been made for reasons arising from the parents, the court may, taking into account all the relevant circumstances, order the parents to bear the remuneration in whole or in part.

The provisions in this Chapter shall apply, mutatis mutandis, to matters concerning the exercise of rights or assumption of obligations with regard to the minor child where the parents do not continue their cohabitation for more than six months.

With regard to matters concerning recognition of adoption, the jurisdiction to hear the proceedings exclusively belongs to the court for the place of the domicile of the adopter or the adoptee; where the adopter does not have a domicile in the territory of the R.O.C., the jurisdiction to hear the proceedings may be exercised by the court for the place of the domicile of the adoptee.
With regard to matters concerning recognition of the termination of adoption, approval of the termination of adoption, or declaration of the termination of adoption, the jurisdiction to hear the proceedings exclusively belongs to the court for the place of the domicile of the adopted child.

Except as otherwise provided in the statutory law, with regard to matters concerning recognition of adoption, the adopter and the adoptee shall be jointly listed as the applicants.
The application for recognition of adoption shall, in a preparatory pleading or a transcript, indicate the adopter and the adoptee, the biological parents of the adoptee, and the spouse of the adopter or the adoptee.
The application provided in the preceding paragraph shall be accompanied by the following documents:
1. the contract for adoption;
2. National I.D., Household Registration Form, passport or other I.D.;
It is advisable that the application provided in the preceding paragraph be accompanied by the following documents:
1. where the adoptee is a minor, documents evidencing the occupation, health or relevant assets of the adopters;
2. where the adoptee is one party of a couple, the document showing the consent of the other party of the couple. Nonetheless, the forgoing is not applicable to circumstances provided in the last sentence of Article 1076 of the Civil Code;
3. the document showing the consent of the parents of the adoptee who has been notarized. Nonetheless, the forgoing is not applicable to circumstances provided in the last sentence of Paragraph 1 and the last sentence of Paragraph 2 of Article 1076-1, and Paragraph 3 of Article 1076-2 of the Civil Code;
4. where the adopter or the adoptee is a foreign national, the document showing the conformity of the adoption concerned with the relevant domestic law;
5. the assessment report of the adoption and giving for adoption issued by a matching agent who has conducted visits and investigations.
Where a document provided in the preceding paragraph is made outside the territory of the R.O.C., it shall be verified and certified by an R.O.C. embassy or mission abroad; where such a document is in a foreign language, it shall be accompanied by duly authenticated Chinese translations.

Prior to deciding on recognition of a minor to be adopted, a court may designate a period of time for the minor to live in the household of the adopter and to take account of the outcome; for such a period, the adopter shall exercise the rights and assume the obligations on behalf of the minor.

A court ruling on recognition of adoption shall take effect upon its becoming final vis-a-vis the applicant and the persons covered by Article 115 Paragraph 2.
The authenticated copies of a ruling on recognition of adoption shall state that the ruling shall take effect upon becoming final.
Provisions in the preceding two paragraphs shall apply, mutatis mutandis, to matters concerning recognition, approval of an adoption or declaration of termination of an adoption.

Where the biological parents of the adoptee are minors themselves and have yet to enter into marriage, prior to deciding on recognition of an adoption, a court shall grant the said minor parents as well as their statutory agents opportunities to be heard. Nevertheless, the foregoing shall not apply to situations where the circumstances render it manifestly difficult to be realized.

Provisions in Articles 106 and 108 of this Act shall apply, mutatis mutandis, to matters concerning adoption.

With regard to the following matters concerning guardianship of minors, the jurisdiction to hear the proceedings exclusively belongs to the court for the place of the domicile or the habitual residence of the minor concerned; where the said minor does not have a domicile or a habitual residence, the jurisdiction to hear the proceedings may be exercised by the court for the place where the minor currently resides, if the court considers appropriate:
1. matters concerning designation, re-designation, or changing of a guardian for a minor;
2. matters concerning reporting of or submissions by the guardian;
3. matters concerning the resignation of a guardian;
4. matters concerning the determination of the rights exercised by a guardian;
5. matters concerning the determination of the remuneration of a guardian;
6. matters concerning the designation of a special agent for the ward;
7. matters concerning the authorization of an action taken by the guardian;
8. matters concerning the handing over of a child;
9. matters concerning damages out of guardianship;
10. other matters concerning guardianship of minors;
Provisions in Article 104, Paragraph 2 and 3 and Article 105 of this Act shall apply, mutatis mutandis, to matters covered in the preceding paragraph.

Where in a matter concerning damages out of guardianship the price or value of the subject matters of the proceeding exceeds the minimum amount under which an appeal may be taken to the court of third instance, the applicant and the opposing party may, prior to the conclusion of the proceedings before the court of first instance, by agreement submit to the court for designating the application of litigation proceedings for family matters to their immediate matter, to be continually presided by the same judge.
Where the facts are complicated in a matter provided in the preceding paragraph, the applicant and the opposing party may, prior to the conclusion of the proceedings before the court of first instance, by agreement motion the court to make a ruling for designating the application of litigation proceedings for family matters to their immediate matter, to be continually presided by the same judge.
No interlocutory appeal may be taken from a ruling done in accordance with the preceding paragraph.

Where there exists one of the following circumstances with regard to the guardian designated by the court, the said guardian may motion to the court to allow his or her resignation:
1. that the said guardian is over 70 of age;
2. that the said guardian is incapable of performing the guardianship for reasons of physical or mental difficulties or disease;
3. that it is inconvenient to perform the guardianship for reasons that the domicile or habitual residence of the said guardian is remote from the court or the place where the ward is;
4. other significant reasons.
In allowing the resignation in accordance with the preceding paragraph, the court shall designate another guardian.
Provisions in Articles 106 and 108 of this Act shall apply, mutatis mutandis, to matters concerning the resignation of the guardian.

Provisions in Articles 106 to 108, and in Articles 110 Paragraphs 1 and 2 of this Act shall apply, mutatis mutandis, to matters concerning designation, re- designation, or changing of a guardian for a minor.

Provisions in Articles 110 and 112 of this Act shall apply, mutatis mutandis, to matters concerning designation of a special agent by the court for the ward.

Except as otherwise provided in this Act, with regard to the following matters concerning maintenance, the jurisdiction to hear the proceedings exclusively belongs to the court for the place of the domicile or the habitual residence of the person who is entitled to maintenance:
1. matters concerning claims for maintenance;
2. matters concerning claims for reduction or waive of maintenance obligation;
3. matters concerning claims for modifying the extent or manner of furnishing maintenance on grounds or change of circumstances;
4. other matters concerning maintenance.
Provisions in Article 104, Paragraphs 2 and 3 and Article 105 of this Act shall apply, mutatis mutandis, to matters provided in the preceding paragraph.

Provisions in Articles 99 to 103 and Article 107, Paragraph 1 of this Act shall apply, mutatis mutandis, to matters concerning maintenance.

With regard to the following matters concerning succession, the jurisdiction to hear the proceedings exclusively belongs to the court for the place of the domicile or the habitual residence of the person who is entitled to inherit:
1. matters concerning submission of an inventory of the inheritance of the decedent to the court;
2. matters concerning motion by a creditor for submission of an inventory of the inheritance of the decedent to the court by an heir;
3. matters concerning waiver of inheritance;
4. matters concerning unacknowledged succession;
5. matters concerning preservation of the decedent’s inheritance;
6. matters concerning designation or re-designation of an executor of a will;
7. other matters concerning succession.
With regard to matters concerning preservation of the decedent’s inheritance, the jurisdiction to hear the proceedings may belong to the court for the locus of the inheritance concerned.
Provisions in Article 52, Paragraph 4 of this Act shall apply, mutatis mutandis, to matters provided in Paragraph 1 of this Article.
Where the court finds matters provided in Paragraphs 1 and 2 of this Article meritorious, the proceedings fees shall be deducted from the inheritance concerned.

Where a person who is entitled to inherit makes an inheritance submission, the submission shall indicate the following, accompanied by an inventory of the inheritance:
1. the person who makes the submission;
2. the full name and the final domicile of the decedent;
3. the date and place of his or her death;
4. the point in time when the death is known to the person who makes the submission;
5. where there are other persons who are entitled to inherit, the name, gender, date of birth and domicile or habitual residence of such persons;
The inventory of the inheritance in the preceding paragraph shall indicate the financial situation of the decedent, as well as the creditors and debtors known to the heir.

Where a creditor motions for a court ruling ordering an heir to submit an inventory of the inheritance of the decedent, the pleading of such a motion shall state the following:
1. the applicant;
2. the full name and the final domicile of the heir;
3. the full name and the domicile of habitual residence of the decedent;
4. the request for submission of an inventory of the inheritance of the decedent.
Provisions in the preceding article shall apply, mutatis mutandis, to an heir in submitting an inventory of the inheritance of the decedent in accordance with a court ruling.

Where a court publicly summons the creditors of the decedent in filing a statement of their claims, it shall state in the public notice the following:
1. the heir who made an inheritance submission;
2. the time period for filing the statement of claims and a formal notice that a claim shall be filed within the time period;
3. that failing to file a statement will result in the loss of the claim;
4. the court to which the statement shall be filed.
The court shall notify other heirs of the circumstances in the preceding paragraph.
The court shall give a public notice to the summons provided in Paragraph 1 of this Article.
The public notice provided in the preceding paragraph shall be posted on the bulleting board of the court, via the internet or by other proper means; where considered necessary, the court may order that the public notice be published in the official gazettes, newspaper, or by other means.
The time period for filing a statement in accordance with Paragraph 1 of this Article shall be no fewer than six months, from the date of publication in accordance with the preceding paragraph.

Within six months from the expiration of time period for filing a statement in accordance with the preceding article, the heirs shall make a submission to the court about the payback to the creditors who lay claims on the inheritance, evidenced by relevant documentation.
Where considered necessary, the court may, upon motion by the heirs, extend the six months for submission provided in the preceding paragraph.

Where an heir waives his or her right to an inheritance, he or she shall indicate in writing the following:
1. the heir who waives the right to an inheritance;
2. the full name and the final domicile of the decedent;
3. the date and place of the death of the decedent;
4. the time when the succession is known to the said heir;
5. where there are other heirs, their full names, gender, dates of birth, and domiciles or habitual residences.
Where a waiver of inheritance satisfies the legal requirements, the court shall 1) order the files to be kept in records for future reference; 2) notify the heir who waives the right to inheritance and other known heirs; and 3) publish the case of waiver.
Where a waiver of inheritance does not satisfy the legal requirements, the court shall deny the motion by a ruling.

Where a family council reports to the court the opening of the succession and designate a manager for the inheritance, it shall in writing make a submission, signed by more than one of its members and evidenced by relevant documentation, indicating the following:
1. the persons who make the submission;
2. the full name, the final domicile, and the date and place of the death of the decedent;
3. the grounds for designating a manager for the inheritance;
4. the full name, gender, date of birth, and domicile or habitual residence of the manager for the inheritance.

The family council may only designate a natural person to serve as the manager for the inheritance.
Where there exists one of the following circumstances with regard to the manager for the inheritance provided in the preceding paragraph, the court shall discharge the manager for the inheritance concerned from his or her duties and order the family council to re-designate the manager for the inheritance within one month:
1. being a minor himself or herself;
2. being subject to an order of the commencement of guardianship or assistantship;
3. being subject to a declaration of bankruptcy or to a declaration of liquidation in accordance with the Consumer Debt Clearance Act and has not yet resumed the rights;
4. being deprived of citizen’s rights and has not yet resumed the rights.

Where there is one of the following circumstances with respect to the manager for the inheritance designated by the family council, the court may, upon motion by the interested parties or by a prosecutor, and after consulting with members of the family council, the interested parties or the prosecutor, discharge the said manager for the inheritance from his or her duties and order the family council to re-designate a manager for the inheritance:
1. breaching an obligation arising from his or her duties;
2. breaching the obligation of due diligence as a good manager, so as to damage or reduce the value of the inheritance or induce risk of damaging or reducing the value thereof;
3. other serious circumstances.

Where an interested party or a prosecutor motions for designation of a manager for the inheritance, the pleading of a motion shall in writing indicate the following, evidenced by relevant documentation:
1. the applicant;
2. the full name, the final domicile, and the date and place of the death of the decedent;
3. the grounds for pleading;
4. where the applicant is an interested party, the grounds for his or her legal interest.
Where the family council fails to re-designate a manager for the inheritance in accordance with provisions in Article 134, Paragraph 2 or the preceding article, an interested party or a prosecutor may motion to a court for designation of a manager for the inheritance, and thereto apply provisions in the preceding paragraph.
A court may, besides a natural person, designate a public authority to serve as the manager for the inheritance.

Where a court publicly summons the heirs to acknowledge the inheritance, it shall state in the public notice the following:
1. the person who made the initial submission;
2. the full name, the final domicile, and the date and place of the death of the decedent;
3. the time period for acknowledging the inheritance and a formal notice that an acknowledgement shall be made within the time period;
4. the legal effect of failing to make an acknowledgement within the time period;
5. the court to which the acknowledgement shall be made.
Provisions in Article 130, Paragraphs 3 to 5 of this Act shall apply, mutatis mutandis, to public notice in accordance with the preceding paragraph.

Where a court makes a public notice summoning the heirs to acknowledge the inheritance upon motion made by the manager for the inheritance, besides items provided in Article 173, Paragraph 1, Sub-paragraphs 2 to 5, it shall state in the public notice the following:
1. the full name and the domicile of the manager for the inheritance, together with the office for the purpose of inheritance management;
2. the time period of filing statement of claims and declaring whether the heir is willing to accept, together with a formal notice that a statement of claims or a declaration shall be filed within the time period;
3. the legal effect of failing to file such a statement of claims or a declaration.

Provisions in Article 130, Paragraphs 3 to 5 of this Act, apart from that with regard to the time period for filing a statement of claims, shall apply, mutatis mutandis, to public notice in accordance with the preceding two articles.

A manager of the inheritance designated by the court, after the completion of his or her duties, shall submit a report to the court detailing the management done to the inheritance, together with the relevant documentation.

Except as otherwise provided in the statutory law, provisions in Chapter VIII of this Act shall apply, mutatis mutandis, to the manager of the inheritance, the executor of a will, or other managers of the property designated by the court.

With regard to the matters concerning management of the property of an absent person, the jurisdiction to hear the proceedings exclusively belongs to the court for the place of the domicile of the absent person.
Provisions in Article 52, Paragraphs 4 of this Act shall apply, mutatis mutandis, to matters provided in the preceding paragraph.

Where a manager of the property has not been designated to an absent person, the position shall be served by persons in the following:
1. the spouse of the absent person;
2. the parents of the absent person;
3. the child of the absent person who has come of age of majority;
4. the grandparents who cohabit with the absent person;
5. the head of the house.
Where the manager of the property cannot be selected from the persons listed above, the court may, upon motion by the interested parties or a prosecutor, designate a manager of the property.
Provisions in the preceding two paragraphs shall apply, mutatis mutandis, to circumstances where the functions of a manager of the property cease on grounds of death, being subject to an order of the commencement of guardianship, assistantship or bankruptcy, or on other grounds.

Where there is more than one manager of the property, except as otherwise ruled by the court at its designation of the managers of the property, decisions with regard to the management of the property of an absent person shall be made by agreement among the said managers of the property; where the negotiation cannot be initiated or the said agreement cannot be reached, a manager of the property or an interested party may motion to a court for determining the methods of the management of the said property.

Where the manager of the property is not up to the tasks or his or her management is not done in a proper manner, the court may, upon motion by the interested parties or by a prosecutor, re-designate the manager of the property; where the said manager of the property was originally designated by a court, the court may re-designate the manager of the property on its own initiative.
Where there is a justifiable reason, the manager of the property may motion to the court for permission to resign from the post.
Upon granting the permission in accordance with the preceding paragraph, the court shall designate another manager of the property.

In designating, changing, or re-designating a manager of the property, the court shall grant an opportunity to be heard to the interested parties as well as the relevant designates.

Where the acquisition, creation, loss or alteration of the property of the absent person must be registered in accordance with the law, the manager of the property shall ex officio apply to the registrar agency for the relevant registration.

The manager of the property shall make a catalogue of the property under his or her management, and have the same notarized by a notary; the expenses of which shall be borne out of the property of the absent person.

The court may, upon motion by the interested parties or by a prosecutor, order the manager of the property to report on the management or calculation of the property concerned; where the said manager of the property was originally designated by a court, the court may on its own initiative order the manager of the property to so report.
No interlocutory appeal may be taken from a ruling done in accordance with the preceding paragraph.

An interested party may, upon making a preliminary showing on the grounds, apply to the court for inspection of the report and documents relating to calculation submitted in accordance with the preceding article, or apply for written copy, photocopy or excerpted copy thereof upon clearing the expenses in advance.

The manager of the property shall preserve the relevant property with due diligence as a good manager, and may perform utilization of or improvement upon the property that is favorable to the absent person. Notwithstanding the foregoing, conduct of utilization or improvement that poses a threat to changing the characters of the property concerned may be performed only with the court’s permission.

The court may order the manager of the property to provide sufficient security for the management and return of the property, and may by a ruling, increase, reduce, amend or waive the security.
Provisions in the Code of Civil Procedure with regard to security for litigation expenses shall apply, mutatis mutandis, to security provided in the preceding paragraph.

The court, upon the motion by a manager of the property, may order that an appropriate amount of remuneration be paid to the manager out of the property, taking into account the relationship between the said manager and the absent person, the complexity of the tasks under management, as well as other relevant circumstances.

With regard to the following matters concerning declaration of death, the jurisdiction to hear the proceedings exclusively belongs to the court for the place of the domicile of the absent person:
1. matters concerning declaration of death;
2. matters concerning revocation or amendment of court ruling on declaration of death;
3. other matters concerning declaration of death.
Provisions in Article 52, Paragraph 4 of this Act shall apply, mutatis mutandis, to matters provided in the preceding paragraph.
Proceedings fees for matters provided in the first paragraph of this Article, apart from those for matters concerning declaration of death which shall be deducted from the inheritance, shall be borne by the applicant.

A motion for a court ruling on matters concerning declaration of death or concerning revocation or amendment of a court ruling on declaration of death may be filed by an interested party or a prosecutor.

Prior to making a ruling on declaration of death, the court shall conduct a public summons proceeding.
The public notice effectuated under a public summons proceeding above shall state the following:
1. that an absent person shall, within a designated period of time, file a statement to the court the fact that he or she is still alive, and that failing such, a ruling on declaration of his or her death shall be made;
2. that anyone who knows about whether the absent person is still alive shall, within a designated period of time, file a statement to the court about what he or she knows.
Provisions in Article 130, Paragraphs 3 to 5 of this Act shall apply, mutatis mutandis, to public notice in accordance with the preceding paragraph. Notwithstanding the foregoing, where the absent person is over 100 years of age, the time period for filing a said statement may be reduced to two months from the date of publication of the public notice.

Where the absent person files a statement about his or her being alive only after the expiration of time period for filing a statement, and the court ruling for declaration of death has yet to be made or has yet to become final and binding, his or her filing of statement shall carry the same legal effect as filing a statement within the time period.

The court shall notify the spouse, the child and the parents of the absent person to participate in the proceedings on declaration of death, unless making the said notification is manifestly difficult; where there is a statutory agent acting on behalf of the absent person, the said statutory agent shall also be notified.
The parties provided above shall be served with the court ruling on declaration of death.

A court ruling on declaration of death shall make a definitive determination on the time and date of death.
A court ruling on declaration of death shall take effect upon becoming final and binding vis-a-vis the applicant, the surviving party who filed the statement, and parties provided in Article 158, Paragraph 1.
After the ruling becomes final and binding in accordance with the preceding paragraph, the court shall publish the summary of the said ruling by an appropriate means.

Where after a ruling on declaration of death becomes final and binding it is found that the person covered by the ruling is still alive or the date of death determined by the ruling is inappropriate, a motion for revoking or amending the court ruling on declaration of death may be filed.

A motion for revoking or amending the court ruling on declaration of death shall state in writing the following:
1. the applicant, the party who motioned for a declaration of death, and the statutory agent;
2. the court ruling that should be revoked or amended;
3. how the said court ruling should be revoked or amended;
4. the grounds for revocation or amendment;
It is advisable to indicate relevant evidentiary documents to substantiate the grounds mentioned in Sub-paragraph 4 of the preceding paragraph.
Provisions in Article 158 of this Act shall apply, mutatis mutandis, to matters concerning revocation or amendment of court ruling on declaration of death.

Where a person covered by a declaration of death has died prior to the time at which the court ruling on annulment of declaration of death becomes final and binding, the court shall make a ruling to declare the conclusion of the proceedings on the said annulment.

A court ruling on revocation or amendment of a court ruling on declaration of death is valid erga omnes. Nonetheless, the foregoing shall not affect acts done bona fide prior to the time at which the said court ruling becomes final and binding.
Where an acquisition of property is gained as a result of the declaration of death and the entitlement is lost as a result of the court ruling provided in the preceding paragraph, the obligation to return the said property shall be borne to the limit of the current benefit brought by the property.
Provisions in Article 159, Paragraphs 2 and 3 of this Act shall apply, mutatis mutandis, to the court ruling provided in the Paragraph 1 of this Article.

With regard to the following matters concerning declaration of commencement of guardianship, the jurisdiction to hear the proceedings exclusively belongs to the court for the place of the domicile or the habitual residence of the person who is or should be subject to the declaration of commencement of guardianship:
1. matters concerning motion for a declaration of commencement of guardianship;
2. matters concerning designating, revoking, or amending the ambits of functions of the guardian;
3. matters concerning re-designation or changing of a guardian;
4. matters concerning reporting or submission by the guardian;
5. matters concerning resignation of a guardian;
6. matters concerning exercise of rights by the guardian;
7. matters concerning the determination of the remuneration of a guardian;
8. matters concerning designation of a special agent for a person subject to a declaration of commencement of guardianship;
9. matters concerning the authorization of an action taken by the guardian;
10. matters concerning claims for damages arising from the exercise of guardianship;
11. matters concerning motion for annulment of guardianship;
12. matters concerning converting a declaration of commencement of assistance into a declaration of commencement of guardianship;
13. other matters concerning the declaration of commencement of guardianship.
Where the court finds matters provided in the preceding paragraph meritorious, the proceedings fees shall be borne by the person subject to the declaration of commencement of guardianship.
Apart from under the circumstances provided in the preceding paragraph, the proceedings fees shall be borne by the applicant who initiated the proceedings.

With regard to matters concerning motion for a declaration of commencement of guardianship or concerning the annulment of guardianship, the person who is or should be subject to the declaration of commencement of guardianship shall have the capacity to represent oneself in the proceedings. However, where the said person does not have disposing capacity, the court shall, on its own initiative, designate a guardian ad litem to act in the proceeding.

Where the applicant motions for a declaration of commencement of guardianship, it is advisable that the application is accompanied by a certificate of medical diagnosis.

Where the court shall examines the person who should be subject to the declaration of commencement of guardianship in the presence of an expert witness. Nonetheless, the foregoing shall not apply where it is manifestly difficult to so conduct the examination or doing so is harmful to the health of the said person.
A declaration of commencement of guardianship may not be made unless opinions from an expert witness been consulted on the psychiatric and mental state of the person who should be subject to the said declaration. An expert testimony shall be made with the participation of a psychiatric specialist or a medical doctor who is experienced with psychiatric treatment.

Upon making a ruling pronouncing a declaration of commencement of guardianship, the court shall, stating the reasons, designate a guardian and appoint a person who shall provide consultation and assistance to draw up an inventory of property together with the designated guardian.
Prior to making the designation and appointed in accordance with the preceding paragraph, the court shall consult the person who might be so designated or appointed.
A court ruling made in accordance with Paragraph 1 of this Article shall be served upon the applicant, the person who is subject to a declaration of commencement of guardianship, the court-designated guardian, and the court-appointed person who shall assist in drawing up an inventory of property; the foregoing shall apply to the guardian ad litem and the special agent where such a person is designated for the person who is subject to a declaration of commencement of guardianship.

A court ruling pronouncing a declaration of commencement of guardianship shall take effect upon the service of the ruling on or being notified in open court to the guardian who is designated by the court.
After the time at which a ruling becomes final and binding in accordance with the preceding paragraph, the court shall publish the summary of the said ruling by an appropriate means.

The acts performed by the guardian shall remain valid until the time at which the court ruling vacating a declaration of commencement of guardianship becomes final and binding.
The acts performed by the person who is subject to a declaration of commencement of guardianship may not be claimed to be invalid on ground of the pronouncement of the said declaration, until the time at which the court ruling vacating a declaration of commencement of guardianship becomes final and binding.
After the ruling vacating a declaration of commencement of guardianship becomes final and binding, the court of first instance shall publish the summary of the said ruling.

Where a person who is to be subject to a declaration of commencement of guardianship dies during the proceedings of the said declaration, the court shall make a ruling to declare the conclusion of the proceedings on the said annulment.

A court ruling on annulment of a declaration of commencement of guardianship shall take effect upon its becoming final vis-a-vis the applicant, the person who is subject to the said declaration, and the guardian.
Provisions in Articles 166 to 168 and Article 170, Paragraph 3 of this Act shall apply, mutatis mutandis, to matters concerning the annulment of guardianship.

With regard to motions for annulment of guardianship, where the court, despite considering the causes for subjecting the person concerned to guardianship cease to exist, nonetheless considers that it is still necessary to facilitate assistance to the said person, it may, upon motion by the parties or on its own initiative, make a ruling converting a declaration of commencement of guardianship into a declaration of commencement of assistance.
Provisions in Article 172 of this Act shall apply, mutatis mutandis, to the making of the court ruling in accordance with the preceding paragraph.

With regard to motions for a declaration of commencement of guardianship, where the court, despite considering the circumstances do not meet the statutory requirements for subjecting the person concerned to guardianship, nonetheless considers that there exists a cause for subjecting the said person to assistance, it may, upon motion by the parties or on its own initiative, make a ruling pronouncing a declaration of commencement of assistance.
Prior to making a ruling in accordance with the preceding paragraph, the court shall grant an opportunity to be heard to the applicant and the person who is to be subject to the declaration of commencement of assistance.
The court ruling made in accordance with Paragraph 1 of this Article shall cease to be effective upon the entry into effect of the declaration of commencement of guardianship.

Where a court considers it necessary to subject the person already subject to a declaration of commencement of assistance to a declaration of commencement of guardianship, it may, upon motion by the parties or on its own initiative, make a ruling converting the original declaration into a declaration of commencement of guardianship.
Provisions in Article 172 of this Act shall apply, mutatis mutandis, to the making of the court ruling in accordance with the preceding paragraph.

Provisions in Articles 106 to 108 of this Act shall apply, mutatis mutandis, to matters concerning motion for a declaration of commencement of guardianship, concerning the annulment of guardianship, concerning converting a declaration of commencement of assistance, and concerning re-designation or changing of a guardian.
Provisions in Article 122 of this Act shall apply, mutatis mutandis, to matters concerning resignation of a guardian.
Provisions in Article 112 of this Act shall apply, mutatis mutandis, to matters concerning the determination of the remuneration of a guardian.
Provisions in Articles 111 and 112 of this Act shall apply, mutatis mutandis, to matters concerning designation of a special agent for a person subject to a declaration of commencement of guardianship.
Provisions in Article 121 of this Act shall apply, mutatis mutandis, to matters concerning claims for damages arising from the exercise of guardianship.

With regard to the following matters concerning declaration of commencement of assistance, the jurisdiction to hear the proceedings exclusively belongs to the court for the place of the domicile or the habitual residence of the person who is or should be subject to the declaration of commencement of assistance; in case that the said person does not have a domicile or a habitual residence, the jurisdiction to hear the proceedings may be exercised by the court for the place where the said person currently resides, if the court considers appropriate:
1. matters concerning motion for a declaration of commencement of assistance;
2. matters concerning re-designation or changing of an assistant;
3. matters concerning resignation of an assistant;
4. matters concerning exercise of rights by the assistant;
5. matters concerning the determination of the remuneration of an assistant;
6. matters concerning designation of a special agent for a person subject to a declaration of commencement of assistance;
7. matters concerning designating, revoking, or amending the ambits of functions of the assistant;
8. matters concerning the authorization of an action;
9. matters concerning claims for damages arising from the exercise of assistance;
10. matters concerning motion for annulment of assistance;
11. matters concerning converting a declaration of commencement of guardianship into a declaration of commencement of assistance;
12. other matters concerning the declaration of commencement of assistance.
Provisions in Article 164, Paragraphs 2 and 3 of this Act shall apply, mutatis mutandis, to matters provided in the preceding paragraph.

A court ruling on a declaration of commencement of assistance shall take effect upon the service of the ruling on or being notified in open court to the person who is subject to the ruling in question.
Provisions in Articles 106, 108, 166 to 168, 169 Paragraph 2 and Article 170 of this Act shall apply, mutatis mutandis, to matters concerning declaration of commencement of assistance.

Where a court, in deliberating on a motion for a declaration of commencement of assistance, considers it necessary to subject the person concerned to a declaration of commencement of guardianship, it may, upon motion by the parties or on its own initiative, make a ruling of declaration of commencement of guardianship.
Provisions in Article 174, Paragraphs 2 and 3 of this Act shall apply, mutatis mutandis, to the making of the court ruling in accordance with the preceding paragraph.

Provisions in Articles 106 to 108 of this Act shall apply, mutatis mutandis, to matters concerning designation, re-designation or changing of an assistant by the court.
Provisions in Article 122 of this Act shall apply, mutatis mutandis, to matters concerning resignation of an assistant.
Provisions in Article 112 of this Act shall apply, mutatis mutandis, to matters concerning the determination of the remuneration of an assistant.
Provisions in Articles 111 and 112 of this Act shall apply, mutatis mutandis, to matters concerning designation of a special agent for a person subject to a declaration of commencement of assistance.
Provisions in Article 121 of this Act shall apply, mutatis mutandis, to matters concerning claims for damages arising from the exercise of assistance.
Provisions in Article 172 of this Act shall apply, mutatis mutandis, to matters concerning motion for annulment of assistance.

With regard to motion for designation of members of the family council on behalf of a minor or a person subject to a declaration of commencement of guardianship or of assistance, the jurisdiction to hear the proceedings exclusively belongs to the court for the place of the domicile or the habitual residence of the minor or the person subject to the declaration of commencement of guardianship or of assistance.
With regard to motion for designation of members of the family council for the purposes relating to inheritance, the jurisdiction to hear the proceedings exclusively belongs to the court for the place of the domicile of the successor at the opening of the succession.
With regard to designation of a party to act in the litigation proceedings on behalf of an adopted child or a minor child, the jurisdiction to hear the proceedings exclusively belongs to the court for the place of the domicile of the adopted child or of the minor child.
With regard to motion for determination of the manner of furnishing maintenance or for changing the manner or the extent of furnishing maintenance, the jurisdiction to hear the proceedings exclusively belongs to the court for the place of the domicile or the habitual residence of the person who is entitled to maintenance.
With regard to the following matters, any of which shall be dealt with by the family council, the jurisdiction to hear the proceedings on a motion for a court’s decision exclusively belongs to the court for the place of the domicile or the habitual residence of the decedent:
1. matters concerning the determination of the allocation of a certain portion of the inheritance;
2. matters concerning the supervision of the manager of the inheritance;
3. matters concerning the determination of the remuneration of a manager of the inheritance;
4. matters concerning the determination of the genuineness of an oral will;
5. matters concerning the tendering of a will;
6. matters concerning the opening a sealed will for viewing;
7. other matters that shall be dealt with by the family council.
Provisions in Article 52, Paragraph 4 of this Act shall apply, mutatis mutandis, to matters provided in Paragraphs 1 to 5 of this Article.
Provisions in Article 104, Paragraph 2 and Article 105 of this Act shall apply, mutatis mutandis, to matters provided in Paragraph 4 of this Article.
Where the court finds matters provided in Paragraph 1 of this Article meritorious, the proceedings fees shall be borne by the minor or the person subject to the declaration of commencement of guardianship or of assistance concerned.
Where the court finds matters provided in Paragraph 2 of this Article meritorious, the proceedings fees shall be deducted from the inheritance concerned.
Where the court finds matters provided in Paragraph 3 of this Article meritorious, the proceedings fees shall be borne by the adopted child or the minor child concerned.
Where the court finds matters provided in Paragraph 5 of this Article meritorious, the proceedings fees shall be deducted from the inheritance concerned.

In deliberating over ruling on matters provided in Paragraph 5 of Article 181, the court may investigate the complexity of the management tasks performed by the manager of the inheritance, as well as the current status of the property of the decedent.

Provisions in Article 122 of this Act shall apply, mutatis mutandis, to matters provided in Paragraphs 1 and 2 of Article 181.
Provisions in Articles 99 to 103 and Article 107 of this Act shall apply, mutatis mutandis, to matters provided in Paragraph 4 of Article 181.
Provisions in Article 106 of this Act shall apply, mutatis mutandis, to matters provided in this chapter.
Provisions in this Chapter shall apply, mutatis mutandis, to other matters concerning motion for a court’s decision over matters dealt with by the family council.

With regard to the following matters concerning protective placement, the jurisdiction to hear the proceedings exclusively belongs to the court for the place of the domicile or the habitual residence of the person who is subject to the placement in question or for where the said person concerned currently resides:
1. matters concerning the continuation of placement of a child or a juvenile;
2. matters concerning the protective placement of a child or a juvenile;
3. matters concerning the continuation of placement of a person with disabilities;
4. other matters concerning placement which requires a court ruling in accordance with the statutory law.
Except as otherwise provided in the statutory law, provisions in Articles 106, 108, 165, 166, 169 and 171 of this Act shall apply, mutatis mutandis, to matters provided in the preceding paragraph.

With regard to the following matters concerning cessation of placement, the jurisdiction to hear the proceedings exclusively belongs to the court for the place of the domicile or the habitual residence of the patient with severe illness or for where the said patient currently resides:
1. matters concerning the cessation of emergency placement;
2. matters concerning the cessation of compulsory hospitalization;
3. other matters concerning the cessation of placement or of hospitalization.
Except as otherwise provided in the statutory law, provisions in Articles 106, 108, 165 to 167, Article 168, Paragraph 1, Articles 169 and 171 of this Act shall apply, mutatis mutandis, to matters provided in the preceding paragraph.