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

Print Time:2024/04/13 10:24
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Chapter Law Content

PART II PROCEDURE IN THE FIRST INSTANCE
CHAPTER I ORDINARY PROCEEDING
Section 5 Judgments
Article 381
Where an action is mature for decision, the court shall enter a final judgment.
Where one of several actions ordered to be argued jointly is mature for decision, a final judgment shall be entered with regard to such action first, except in cases to which the provision of the third paragraph of Article 205 shall apply.
Article 382
Where part of a claim or one of several claims raised in the action is mature for decision, the court may enter a partial final judgment. The same applies to cases where either the plaintiff's claim or defendant's counterclaim is mature for decision.
Article 383
Where one of the grounds of attack or defense presented separately is mature for decision, the court may enter an interlocutory judgment. The same applies to cases where the ground and amount of a claim are both disputed and the court finds the ground just.
Where an interlocutory issue relating to the litigation proceedings is mature for a decision, the court may first enter a ruling on such issue.
Article 384
Where a party has either abandoned or admitted the claim during oral argument, the court shall, based on such abandonment or admission, enter a judgment against such party.
Article 384-1
The gist of the facts and the reasons for an interlocutory judgment and those of a judgment entered based on a party's abandonment or admission of the claim may be indicated jointly.
Without producing a separate written judgment, the court, upon announcing a judgment, may order that the oral-argument transcript indicate the matter decided and the gist of the reasons for the judgment entered based on a party's abandonment or admission of the claim. The service of an authenticated or extracted copy of such transcript will have the same effect as the service of an authenticated copy of the written judgment.
The provision of Article 230 shall apply mutatis mutandis to the transcript provided in the preceding paragraph.
Article 385
Where one of the parties fails to appear at the oral-argument session, the court may, on the appearing party's motion, enter a default judgment based on the appearing party's arguments; where the party who fails to appear is summoned and fails to appear again, the court may also on its own initiative enter a default judgment based on the appearing party's arguments.
The provision of the preceding paragraph shall also apply to cases where the claims must be adjudicated jointly with regard to all co-parties and one of the co-parties appears in the oral-argument session.
In entering a judgment provided in the preceding paragraph, the court shall take into consideration any argument made, evidence-taking conducted, or the preparatory pleading submitted by the party who fails to appear; if necessary, the evidence stated by the party who fails to appear shall also be taken.
Article 386
In case of any of the following, the court shall deny the motion provided in the preceding article by a ruling and postpone the oral-argument session:
1. Where the party who fails to appear has not been legally summoned within a reasonable period of time;
2. Where there is reason to believe that the failure of a party to appear is due to force majeure or other justifiable reasons;
3. Where the appearing party cannot provide necessary proof for the matters which the court shall investigate on its own initiative;
4. Where the statements, facts or evidence presented by the appearing party have not been notified to the opposing party within a reasonable period of time.
Article 387
Where a party refuses to present any argument in the oral-argument session, such refusal shall be deemed a failure to appear.
Article 388
Except as otherwise provided, the court may not enter any judgment on claims which are not raised by parties.
Article 389
The court shall on its own initiative declare a provisional execution to the following judgments:
1. A judgment which is entered based on the defendant's admission of the claim;
2. (Repealed.)
3. A judgment against the defendant on an action entered under summary proceeding in accordance with the provisions of the first to the fourth paragraphs inclusive of Article 427;
4. (Repealed.)
5. A judgment which orders a performance, the price or value of which is not more than NT$ 500,000.
The provisions with regard to the accounting of the claim's value shall apply mutatis mutandis to the accounting of the value provided in the fifth subparagraph of the preceding paragraph.
The provision of the seventh paragraph of Article 427 shall apply mutatis mutandis to the price or value provided in the fifth subparagraph of the first paragraph.
Article 390
In an action concerning proprietary rights, where the plaintiff makes a preliminary showing that he/she will suffer damage which is difficult to compensate for or calculate without execution of the final judgment before it becomes final with binding effects, the court shall on the plaintiff's motion declare provisional execution.
Where the plaintiff makes a motion for provisional execution by stating that he/she is willing to provide security before the execution is performed, the court shall, despite the absence of the preliminary showing provided in the preceding paragraph, designate a reasonable amount of security and then declare the judgment to be provisionally executed upon provision of such security.
Article 391
Where the defendant makes a preliminary showing that he/she will suffer irreparable harm from the provisional execution, the court shall, in the case provided in the Article 389, on the defendant's motion declare that no provisional execution shall be granted and, in the case provided in the preceding article, declare that the plaintiff's motion for provisional execution is denied.
Article 392
The court may declare that the judgment may not be provisionally executed unless the plaintiff provides security in advance.
The court may, on motion or on its own initiative, declare that the defendant may be exempted from the provisional execution if he/she provides security in advance or lodge the object claimed.
The security or the object lodged for purposes of being exempted from provisional execution in accordance with the provision of the preceding paragraph shall be provided before the object of execution is auctioned, sold, or surrendered.
Article 393
Any motion with regard to provisional execution shall be made before the oral argument is concluded.
The decision with regard to provisional execution shall be indicated in the main text of the decision.
Article 394
The provision of Article 233 shall apply mutatis mutandis to cases where the court fails to declare provisional execution which it shall declare on its own initiative or disregards a motion for provisional execution or exemption of provisional execution.
Article 395
Where a judgment is entered to reverse or to amend the judgment on the merits to which provisional execution is declared, or the declaration of provisional execution itself, such declaration of provisional execution shall be inoperative to the extent of such reversal or amendment upon the announcement of such judgment.
Where the court reverses or amends the judgment on the merits to which provisional execution is declared, it shall, pursuant to the defendant's claim, order the plaintiff to return the performance effected by the defendant and compensate for the damage that resulted from the provisional execution or exemption of the provisional execution by the judgment entered; where the defendant does not make such claim, the court shall inform him/her that he/she may do so.
Where only the declaration of provisional execution is reversed or amended, the provision of the preceding paragraph shall apply to the subsequent judgment which reverses or amends the judgment on the merits.
Article 396
Where the performance ordered by a judgment is of the nature that it cannot be effectuated within a short period of time, or after taking into consideration the defendant's condition and the plaintiff's interest, the court may reasonably extend the time period within which such performance shall be effectuated or permit performance by installment of the judgment entered. The same shall apply to the case where the plaintiff has given his/her consent.
Where the court permits performance by installment in accordance with the provision of the preceding paragraph, all subsequent installments of performance shall become due upon defendant's default of performance of an installment.
The time within which performance shall be effectuated starts to run from the time when the final judgment becomes binding or the final judgment to which provisional execution is declared is served upon the defendant.
Where the court extends the time period of performance or permits performance by installment, the parties shall be accorded an opportunity to present their arguments before the decision is rendered.
Article 397
Where the performance ordered by a final and binding judgment has not been effectuated, and a change of circumstance after the conclusion of the oral argument renders such performance manifestly unfair, one of the parties may reinitiate an action to claim that the performance or other effects ordered by the original judgment shall be amended insofar as no remedy provided by other legal proceedings is available.
The provision of the preceding paragraph shall apply mutatis mutandis to settlement, mediation, or anything with the same effect as a final and binding judgment.
Article 398
A final judgment becomes binding upon the expiration of the period of time for taking an appeal from a judgment. Notwithstanding, a timely appeal taken from a final judgment in conformity with the law shall prevent that judgment from becoming binding.
A final judgment from which no appeal may be taken becomes binding upon its announcement, or, if it is not announced, upon its publication.
Article 399
A party may move to the court for issuing a certificate to the effect that the judgment has become final and binding.
The certificate to the effect that the judgment has become final and binding shall be issued by the court of the first instance. Notwithstanding, where the dossier is possessed by a superior court, such superior court shall issue the certificate.
The certificate to the effect that the judgment has become final and binding shall be issued within seven days after the motion is made.
The provisions of the three preceding paragraphs shall apply mutatis mutandis to the certificate to the effect that the ruling has become final and binding.
Article 400
Except as otherwise provided, res judicata exists as to a claim adjudicated in a final judgment with binding effect.
Where a demand of offset has been adjudicated, res judicata exists as to the offset amount to be applied for offset as demanded.
Article 401
In addition to all parties, a final and binding judgment is binding on a person who becomes a party's successor after the initiation of the action and on a person who possesses the claimed object for the parties or their successors.
A final and binding judgment to which a party has acted as the plaintiff or the defendant for another person is also binding on such other person.
The provisions of the two preceding paragraphs shall apply mutatis mutandis to the declaration of provisional execution.
Article 402
A final and binding judgment rendered by a foreign court shall be recognized, except in case of any of the following circumstances:
1. Where the foreign court lacks jurisdiction pursuant to the R.O.C. laws;
2. Where a default judgment is rendered against the losing defendant, except in the case where the notice or summons of the initiation of action had been legally served in a reasonable time in the foreign country or had been served through judicial assistance provided under the R.O.C. laws;
3. Where the performance ordered by such judgment or its litigation procedure is contrary to R.O.C. public policy or morals;
4. Where there exists no mutual recognition between the foreign country and the R.O.C.
The provision of the preceding paragraph shall apply mutatis mutandis to a final and binding ruling rendered by a foreign court.
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