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

Print Time:2024/11/22 13:45
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Chapter Law Content

Chapter III: Enforcement Pertaining to Claims for the Delivery of Things
Article 123
Where the enforcement title orders the debtor to deliver certain movable property while the debtor fails to deliver it, the enforcement court may seize that movable property and deliver it to the creditor.
Where the thing that the debtor shall deliver is a document or receipt, stamp or seal, or other similar certificate, and the enforcement pursuant to the preceding paragraph is ineffective, the court may apply mutatis mutandis the provisions of Articles 121 and 128 Paragraph 1 to carry out the compulsory enforcement.
Article 124
Where the enforcement title orders the debtor to turn over immovable property while the debtor fails to turn it over, the enforcement court may remove the debtor's possession and allow the creditors to take possession thereof. Where the debtor takes possession of the immovable property again after been evicted, the enforcement court may carry out the enforcement again upon the petition.
The re-enforcement in the preceding paragraph shall charge enforcement costs.
Where the enforcement title orders the debtor to turn over a vessel, aircraft, or vessel under construction while the debtor fails to turn it over, the provisions of the preceding two paragraphs apply mutatis mutandis.
Article 125
Provisions pertaining to the enforcement against movable and immovable property apply mutatis mutandis to the cases prescribed in the preceding two articles.
Article 126
Where a third party takes possession of the movable property, immovable property, or vessels and aircrafts to be delivered under Articles 123 and 124, the enforcement court may transfer to the creditor the debtor's right to request payment against the third party by an order.
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