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

Print Time:2024/04/26 07:56
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Chapter Law Content

Title: Civil Code CH
Category: Ministry of Justice(法務部)
Part Ⅰ General Principles
Chapter VI Extinctive Prescription
Article 125
Unless shorter periods are provided by the act, a claim is extinguished by prescription if it is not exercised within fifteen years.
Article 126
If the claim is for the payment of interest, dividends, rentals, maintenance, pensions, and other periodical prestations falling due at sated intervals of one year or less, each successive payment of the claim is extinguished by prescription if it is not exercised within five years.
Article 127
The claim with regard to the following is extinguished by prescription if not exercised within two years:
(1) Charges for lodging, food or seats, for the price of articles for consumption, and for disbursements, made by inn, restaurants and places of entertainment;
(2) Charges for transportation and for disbursements, made by the carrier;
(3) Rentals due to a person who carries on a business of letting personal property;
(4) Fees, charges for medicine and remuneration of medical practitioners, pharmacists and nurses, and the disbursements made by them;
(5) Remuneration of attorneys, certified public accountants and public notaries, and the disbursements made by them;
(6) Restoration of things received from the parties to an action by attorneys, certified public accountants and public notaries;
(7) Remuneration of technical experts and undertakers, and the disbursements made by them;
(8) Price of goods or products supplied by merchants, manufactures and those who practice handmade arts.
Article 128
Extinctive prescription starts from the moment when the claim may be exercised. If the claim is for the forbearance of an act, the prescription starts from the time of act.
Article 129
Extinctive prescription is interrupted by any one the following causes:
(1) A demand for the satisfaction of the claim;
(2) An acknowledgement of the claim;
(3) An action brought for the satisfaction of the claim;
Any of the following entries is equivalent to bring an action:
(1) Application for issuance of an order for payment in accordance with a hortatory procedure;
(2) Application for conciliation or submission to arbitration;
(3) Representation of a compromise on credit or a claim in a bankruptcy process;
(4) Notice of the pending action;
(5) Institution of proceedings in execution or application for compulsory execution.
Article 130
If a prescription is interrupted by the making of a demand, and if an action has not been brought for the satisfaction of the claim within six months from the date of the demand, the prescription is deemed not to have been interrupted.
Article 131
If a prescription is interrupted by bring an action, and is withdrawn or dismissed as non-conformable to the act by a final judgment, the prescription is deemed not to have been interrupted.
Article 132
If a prescription is interrupted by an application of an order for payment, and if the application is withdrawn, or dismissed by a judgment, or the order for payment ceases to be effective, the prescription is deemed not to have been interrupted.
Article 133
If a prescription is interrupted by an application for conciliation or submission to arbitration, and if the application for conciliation is withdrawn, or dismissed, or the conciliation fail, or the submission to arbitration is withdrawn, or no award can be made in the arbitration, the prescription is deemed not to have been interrupted.
Article 134
If a prescription is interrupted by presentation of a compromise on credit or a claim in bankruptcy process, and if the presentation is withdrawn, the prescription is deemed not to have been interrupted.
Article 135
If a prescription is interrupted by notice of the pending action, and if no action is brought within six months after termination of the pending action, the prescription is deemed not to have been interrupted.
Article 136
If a prescription is interrupted by institution of proceedings in execution, and if the order for execution is vacated upon the application of the person entitled, or by reason of the non-fulfillment of legal requirements, the prescription is deemed not to have been interrupted.
If a prescription is interrupted by an application for compulsory execution, and if the application is withdrawn or dismissed, the prescription is deemed not to have been interrupted.
Article 137
If a prescription has been interrupted, it recommences from the time when termination of the cause of the interruption.
If a prescription has been interrupted by bringing an action, it recommences from the moment when the action is decided by a final judgment on the merits or otherwise terminated.
If the claim is ascertained by a final judgment on the merits or a ground of execution having the same effect as a final judgment on the merits, and if the original prescription was less than five years, the prescription recommenced after interruption shall be five years.
Article 138
The interruption of a prescription takes effect among the parties, their successors and assignees only.
Article 139
If a prescription can not be interrupted owing to force majeure or any other unavoidable cause at the ending of the period for the prescription, the said prescription is not complete until the expiration of one month from the time when such obstruction ends.
Article 140
The prescription of a claim in favor of or against the property of a succession is not complete until the expiration of six months from the moment when the successor is ascertained, the administrator is appointed or the bankruptcy is declared.
Article 141
If a person who has no capacity to make juridical acts or has a limited capacity to make juridical acts is left without a guardian within six months before the ending of the period for prescription, the said prescription is not complete until the expiration of six months from the time when such person reaches capacity to make juridical acts or when his guardian enters upon his duties.
Article 142
The prescription of a claim against the guardian of person, who has no capacity to make juridical acts or has a limited capacity to make juridical acts, is not complete until the expiration of one year after his legal relation to the guardian has discontinued.
Article 143
The prescription of a claim of a husband against his wife or of a wife against her husband is not complete until the expiration of one year after the marriage has dissolved.
Article 144
After the completion of a prescription, the debtor is entitled to refuse to perform his obligation.
If any prestation is made in satisfaction of a claim extinguished by a prescription, the debtor may not demand the return of the prestation on the ground that he was ignorant of the prescription. The preceding rule applies to a contractual acknowledgement of obligation and to the giving of security for the obligation.
Article 145
Although a claim for which there is a mortgage, a lien, or a right of retention has been extinguished by a prescription, the creditor is still entitled to satisfy him out of the things mortgaged, liened, or retained.
The provision of the preceding paragraph does not apply to a claim for interest or other successive payments of periodical prestations when the claim has been extinguished by prescription.
Article 146
The effect of prescription of the principal claims extends to the accessory claim, unless otherwise provided by the act.
Article 147
The period of prescription may not be extended or reduced by juridical acts. The advantage of prescription may not be waived in advance.
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