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Chapter Law Content

Title: Civil Code CH
Category: Ministry of Justice(法務部)
Part Ⅳ Family
Chapter II Marriage
Section 1 Betrothal
Article 972
An agreement to marry shall be made by the male and the female parties in their own [con]cord.
Article 973
A male who has not reached his seventeenth year of age and a female her fifteenth [ma]y not make an agreement to marry.
Article 974
Where a minor makes an agreement to marry, he shall obtain the consent of his statutory agent in advance.
Article 975
No demand shall be made to force the performance of an agreement to marry.
Article 976
Where one of the betrothed parties is found in one of the following conditions, the other party may dissolve the agreement to marry:
(1) Where, having made an agreement to marry, the party made another agreement to marry or concluded a marriage with another person;
(2) Where the party willfully fails to observe the appointed date of marriage;
(3) Where the party's life has been uncertain for over a year;
(4) Where the party gets a serious and incurable disease;
(5) Where, having made the agreement to marry, the party had consensual sexual intercourse with another person ;
(6) Where, having made the agreement to marry, the party was sentenced to imprisonment;
(7) Where other grave reasons exist.
In the case where a party intends to dissolve an agreement to marry according to the provisions of the preceding paragraph, and if the circumstances do not allow such party to declare such intention to the other party, it is not necessary for such party to do so, and such party is no longer bound by the agreement since the conditions described in the preceding paragraph have occurred.
Article 977
Where an agreement to marry has been dissolved in accordance with the provisions of the preceding article, the innocent party may claim compensation from the other party who is at fault for damage thus sustained.
In the case provided in the preceding paragraph, the injured party may still claim an equitable compensation in money for a non-pecuniary loss.
The right to claim in the preceding paragraph shall not be assigned to others or be passed to heirs, unless it has been acknowledged by a contract or unless an action has been commenced.
Article 978
One party to an agreement to marry, who breaks it without any of the grounds provided in Article 976, shall be liable to compensate the other party for any damage thus sustained.
Article 979
In the case provided in the preceding article, the injured party may still claim an equitable compensation in money for a non-pecuniary loss, provide that he is not at fault.
The claim in the preceding paragraph shall not be assigned to others or be passed to heirs, unless it has been acknowledged by a contract or unless an action has been commenced.
Article 979-1
One party may claim the other party for returning gift presented for betrothal when the agreement to marry is null and void, or dissolved, or annulled.
Article 979-2
The claim pursuant to the provisions in Article 977 through Article 979-1 shall be extinguished if it is not exercised within two years.
Section 2 Conclusion of Marriage
Article 980
A man who has not completed his eighteenth year of age and a woman her sixteenth may not conclude a marriage.
Article 981
A minor must have the consent of his statutory agent for concluding a marriage.
Article 982
A marriage shall be effected in writing, which requires the signatures of at least two witnesses, and by the registration at the Household Administration Bureau.
Article 983
A person may not marry any of the following relatives:
(1) A lineal relative by blood or by marriage;
(2) A collateral relative by blood is within the sixth degree of relationship. The limit to marriage shall not be applicable to persons of lineal relative within the fourth degree of relationship and collateral relative within the sixth degree of relationship by adoption.
(3) A collateral relative by marriage is within the fifth degree of relationship of a different rank.
The marriage prohibitions between relatives by marriage provided in the preceding paragraph shall continue to apply even after the dissolution of the marriage which has created the relationship.
The limit to marriage with the lineal relative by blood or by marriage set forth in the first paragraph hereof shall be applicable to persons of lineal relative by adoption after ending of the adoption relationship.
Article 984
A guardian may not marry his ward during the continuance of guardianship, unless consent of the ward's parents has been obtained.
Article 985
A person who has a spouse may not contract another marriage.
A person shall not marry with two or more persons simultaneously.
Article 986
(Repealed)
Article 987
(Repealed)
Article 988
A marriage is void if any one of the following conditions are met:
(1) Where it does not conform to the formalities provided by Article 982,
(2) Where it violates the marriage prohibition as provided in Article 983, or
(3) Where it violates the marriage prohibition as provided in Article 985. Except where bigamous parties get married in good faith and without negligence by relying on the dissolution of a prior marriage resulting from an agreement or an irrevocable judgment.
Article 988-1
In the circumstance pursuant to the third paragraph of the preceding provision, the previous marriage is dissolved on the date that the later marriage is formed.
The effect that the previous marriage is deemed as dissolved applies mutatis mutandis to the effect of divorce, unless otherwise provided for by law. However the remainder of the property is disposed of as distributed or agreed. No claim shall arise otherwise.
Where the previous marriage is deemed as dissolved pursuant to the first paragraph, the right to claim for distribution of the remainder [of the property] shall be extinguished if it is not exercised within two years from the time when the claimant has known that there is such a remainder [of the property], or if five years has elapsed from the revocation of divorce agreement or the reverse of the divorce judgment being finalized.
Where the previous marriage is deemed as dissolved pursuant to the first paragraph, the non-fault spouse in the previous marriage has the right to compensation against the other spouse.
Under the condition provided in the preceding paragraph, the spouse in the previous marriage may claim equitable compensation for a non-pecuniary loss.
The claim provided in the preceding paragraph shall not be assigned to others or passed to heirs, except if it has been acknowledged by a contract or an action has been commenced.
Article 989
Where a marriage is concluded contrary to the provision of Article 980, the party concerned or his statutory agent may apply to the court for its annulment; but such application may not be made, where the party concerned has attained the age specified in the said article or where the woman has become pregnant.
Article 990
Where a marriage is concluded contrary to the provision of Article 981, the statutory agent may apply to the court for its annulment; but such application may not be made where six months have elapsed after the discovery of the fact or one year has elapsed after the conclusion of the marriage, or where the woman has become pregnant.
Article 991
Where a marriage is concluded contrary to the provision of Article 984, the ward or his nearest relative may apply to the court for its annulment; but such application may not be made where one year has elapsed after the conclusion of the marriage.
Article 992
(Repealed)
Article 993
(Repealed)
Article 994
(Repealed)
Article 995
Where one spouse is sexually impotent at the time of marriage and such incapacity is incurable, the other party may apply to the court for the annulment of the marriage; but the applicant may not make such application after three years from the time of awareness of such incurability.
Article 996
Where, at the time of marriage, one spouse is in a condition of absence of discernment or mental disorder, such spouse may within six months after he is restored to normal condition apply to the court for the annulment of such marriage.
Article 997
A person who has concluded a marriage by fraud or by duress may apply to the court for its annulment within six months after awareness of the fraud or after the cessation of the duress.
Article 998
The effect of an annulment of marriage is not retroactive.
Article 999
A party to a marriage who has sustained damage through nullity or annulment of the marriage may claim compensation from the other party. This, however, does not apply where the other party is not at fault.
In the case mentioned in the preceding paragraph, the injured party who is not at fault may also claim an equitable compensation in money though there is no pecuniary loss.
The claim mentioned in the preceding paragraph is not transferable and does not pass to heirs, unless it has been acknowledged by contract or has involved litigation.
Article 999-1
The provisions in Article 1057 and Article 1058 shall be applicable mutatis mutandis to invalid marriage.
The provisions in Article 1055, Article 1055-1, Article 1055-2, Article 1057 and Article 1058 shall be applicable mutatis mutandis to annulled marriage.
Section 3 Efficacy of Marriage
Article 1000
The husband and the wife should keep his or her own surname. Unless one party shall prefix to his or her surname that of the spouse in writing at the household administration authority.
The party who prefixed to his or her surname that of the spouse shall return to his or her own surname. But only one time for change during the continuance of the marriage relationship.
Article 1001
The husband and the wife are under mutual obligation to cohabit, unless for a good cause they cannot live together.
Article 1002
The domicile of the husband and the wife shall be agreed by mutual agreement; if it has not been agreed or can not be agreed, it may depend on the court by application.
Before the ruling of the court, it will be presumed the common household domicile as the domicile of the husband and the wife.
Article 1003
In daily household matters, the husband and the wife act as agents for each other.
Where one of the parties abuses the aforesaid right of agency, the other party may restrict it, but such restriction cannot be set up against any bona fide third party.
Article 1003-1
The payment for living expenses of the household will be shared by the husband and the wife according to each party's economical ability, household labor or other conditions unless otherwise provided for by law or mutual agreement.
The husband and the wife will be jointly liable for debts incurred by the expenses of the preceding paragraph.
Section 4 Matrimonial Property Regimes
Subsection 1 GENERAL PROVISIONS
Article 1004
The husband and the wife may, before or after getting married, adopt by contract one of the contractual regimes provided by this Code as their matrimonial property regime.
Article 1005
Where the husband and the wife have not contracted the holding of matrimonial property, unless otherwise provided by this Code, the statutory regime shall be applied.
Article 1006
(Repealed)
Article 1007
The conclusion, modification or termination of a contract for the holding of matrimonial property must be done in writing.
Article 1008
The conclusion, modification or termination of a contract for the holding of matrimonial property may not be a valid defense against any third party unless it has been registered.
Registration provided in the preceding paragraph will not affect any other registration of the property right according to the other law.
Registration provided in the first paragraph shall be regulated by a particular law.
Article 1008-1
The provisions in the preceding two articles shall be applicable mutatis mutandis to other agreements pertaining to matrimonial property.
Article 1009
(Repealed)
Article 1010
Either the husband or the wife is in any of the following circumstances, the court may, at the instance of the other party, order the application of the separation of property regime:
(1) Where liable for the living expenses of the household but failed to provide such;
(2) Where either the husband or the wife is in a state of insolvent;
(3) Where according to the law, the disposition of property requires the consent of the other party, but such consent is refused without a good cause;
(4) Where one party who is entitled to manage has obviously managed the common property improperly, and failed to make any improvement thereon by request of the other;
(5) Where one party improperly reduced his own property acquired in marriage and this may endanger the other's right to claim for distribution of the remainder [of the property];
(6) Where any other gross event has occurred.
Where the husband and the wife are both in a state of insolvent, or where they could hardly maintained their common living, and have not lived together for more than six months, provisions in the preceding paragraph will be applicable to both of them.
Article 1011
(Repealed)
Article 1012
During the continuance of the marriage, the husband and the wife may, by contract, terminate their contract for the holding of property, or adopt any other contractual regime.
Article 1013
(Repealed)
Article 1014
(Repealed)
Article 1015
(Repealed)
Subsection 2 Statutory Regimes
Article 1016
(Repealed)
Article 1017
The property of either the husband or the wife shall be divided into the property acquired before marriage and the property acquired in marriage, and shall be owned respectively. If the property could not be proven to be the property acquired before marriage or in marriage, it shall be presumed as the property acquired in marriage; it the property could not be proven to be owned by the husband or the wife, it shall be presumed as owned by the husband and the wife jointly.
The remains of fruits gained from the property acquired either by the husband or the wife before marriage during the continuance of the marriage relationship shall be deemed as the property acquired in marriage.
If the husband and the wife have contracted the holding of matrimonial property, and then adopted the statutory regime, the property before the adoption shall be deemed as the property acquired before marriage.
Article 1018
The husband or the wife would manage, use, collect fruits from, and dispose his or her own property respectively.
Article 1018-1
With the exception of the living expenses of the household, the husband and the wife may contract a certain amount of money paid by one for the other's free disposition.
Article 1019
(Repealed)
Article 1020
(Repealed)
Article 1020-1
Where the husband or the wife's gratuitous act on his or her property acquired in marriage during the continuance of the marriage relationship endangers the other's right to claim for distribution of the remainder [of the property] upon the termination of the relationship over the statutory regime, the other may apply to the court for its annulment, except it was a proper gift for performing a moral obligation.
Where the husband or the wife's non-gratuitous act on his or her property acquired in marriage during the continuance of the marriage relationship endangers the other's right to claim for distribution of the remainder [of the property] upon the termination of the relationship over the statutory regime, the other may apply to the court for its annulment only if it was done with knowledge of the endangerment and the beneficiary knew this upon the receipt of the benefit as well.
Article 1020-2
The claim for annulment provided in the preceding paragraph shall be extinguished if it is not exercised within six months from the time when the husband or the wife has known the reason for annulment, or if one year has elapsed from the time when the act has been committed.
Article 1021
(Repealed)
Article 1022
The husband or the wife is under an mutual obligation to inform the other of the condition of his or her property acquired in marriage.
Article 1023
The husband or the wife is respectively liable for his or her own debts.
When the husband or the wife discharges the other's debts with his or her own property, even if it is during the continuance of the marriage relationship, he or she may claim for payback.
Article 1024
(Repealed)
Article 1025
(Repealed)
Article 1026
(Repealed)
Article 1027
(Repealed)
Article 1028
(Repealed)
Article 1029
(Repealed)
Article 1030
(Repealed)
Article 1030-1
Upon dissolution of the statutory marital property regime, the remainder of the property acquired by the husband or wife in marriage, after deducting the debts incurred during the continuance of the marriage relationship, if any, shall be equally distributed to the husband and the wife, except property listed as follows:
(1) Property acquired from succession or as a gift
(2) Solatium
The court shall adjust or waive the share of distribution provided that equal distribution referred to in the preceding paragraph is obviously unfair.
The right to claim for distribution or the reminder [of the property] referred to in the first paragraph shall be extinguished if it is not exercised within two years from the time where the claimant has known that there is such a remainder, or if five years have elapsed from the dissolution of the statutory marital property regime.
Article 1030-2
If the husband or the wife discharged his or her debts incurred before marriage with his or her property acquired in marriage, or if discharged his or her debts incurred during the continuance of the marriage relationship with his or her property acquired before marriage, unless this property has been made up, it shall be counted into the remainder of the property acquired in marriage or the debts incurred during the continuance of the marriage relationship upon the termination of the relationship over the statutory regime.
If the husband or the wife discharged his or her debts with his or her property described as the exception in the first paragraph of the preceding article, the provisions provided in the preceding paragraph shall be applied.
Article 1030-3
If the husband or the wife, in order to reduce the other's share of distribution of the remainder [of the property], disposed his or her property acquired in marriage within five years before the termination of the relationship over the statutory regime, this property shall be counted into, and deemed as the remainder of the property acquired in marriage, except the disposition was a proper gift for performing a moral obligation.
In the preceding paragraph, where one who is obligated to pay the share of distribution [of the remainder of the property] could not pay off those the other is entitled to receive, the one who is entitled to receive may claim to the third party for restituting the shortness of the share to the extent that the third party is benefited; however if the third party is not gratuitously benefited, the claim for restituting [the shortness of the share] may be made only if the third party is benefited from an obviously uneven payment.
The claim to the third party provided in the preceding paragraph shall be extinguished if it is not exercised within two years from the time when the claimant has known the infringement of distribution right [of the remainder of the property], or if it has elapsed five years from the termination of the relationship over the statutory regime.
Article 1030-4
The value of the remainder of the property by the husband or the wife acquired in marriage shall be counted at the termination of the relationship over the statutory regime; however if the relationship is terminated by a juridical decree of divorce, it shall be count at the commencement of the action.
The value of the property counted into the remainder of the property acquired in marriage referred to in the preceding article shall be counted at the time of the disposition.
Subsection 3 Contractual Regimes
Item 1 Community of Property
Article 1031
With the exception of separate property, all the property and income of the husband and the wife constitute common property to be owned by them in common.
Article 1031-1
The following constitutes the separate property:
(1) Articles which are exclusively intended for the personal use of the husband or the wife;
(2) Articles which are essential to the occupation of the husband or the wife;
(3) Gifts acquired by the husband or the wife which the donor has designated in writing to be the separate property.
The separate property provided in the preceding paragraph is governed by the provisions concerning the separation of property regime.
Article 1032
The husband and the wife manage the common property jointly except it has been agreed by the party who is entitled to manage.
The cost of management is borne out of the common property.
Article 1033
Either the husband or the wife must have the consent of the other for disposing of the common property.
The absence of such consent cannot be set up against a third party, unless he knew or had the means of knowing its absence, or unless the property in question could have, under the circumstances, been regarded as part of the common property.
Article 1034
Debts incurred by the husband or the wife before or during the continuance of the marriage relationship, should be chargeable to the common property and should be respectively liable to the extent of the separate property.
Article 1035
(Repealed)
Article 1036
(Repealed)
Article 1037
(Repealed)
Article 1038
Debts payable out of the common property, where have been paid out of the common property, no claim for compensation will arise.
Debts payable out of the common property, where have been paid out of the separate property, or debts payable out of the separate property, where have been paid out of the common property, the claim for compensation shall arise and can be made even during the continuance of the marriage relationship.
Article 1039
Upon the death of one of the husband and the wife, half the common property shall pass to the heir of the deceased and the other half shall devolve on the surviving party.
In the case of the division of property mentioned in the preceding paragraph, where some other agreement exists as to the amounts, such agreement shall be followed.
In the case provided in the first paragraph, where the surviving party is by law unable to inherit, he may not claim a greater portion of the common property than he would get in the case of divorce.
Article 1040
On the dissolution of the community of property regime, each of the husband and the wife gets back the property of contracting for the holding of matrimonial property, unless otherwise provided for by law.
The common property was caused during the continuance of the community of property regime, each of the husband and the wife acquires a half of the property, unless otherwise provided for by contract.
Article 1041
The husband and the wife may agree by contract that the common property shall consist only of labor income.
Labor income as specified in the first paragraph comprises earnings from salary, wage, shares, bonus and the other related income acquired by the husband and the wife during the continuance of marriage relationship, as well as the interests and substitute profits of the labor income.
The property could not be proven as the labor income or the other property rather than labor income, will be presumed as labor income.
The property rather than the earnings of the husband or the wife is governed by the provisions concerning the separation of property regime.
The provisions in Article 1034, Article 1038 and Article 1040 shall be applicable mutatis mutandis to the first paragraph.
Item 2 (Repealed)
Article 1042
(Repealed)
Article 1043
(Repealed)
Item 3 Separation of Property Regime
Article 1044
In the separation of property regime, the husband and the wife each retains the ownership, and each party manages, uses, collects fruits from and disposes his or her own property respectively.
Article 1045
(Repealed)
Article 1046
The liability of debts incurred by the husband or the wife in the separation of property regime shall apply the provisions in Article 1023.
Article 1047
(Repealed)
Article 1048
(Repealed)
Section 5 Divorce
Article 1049
The husband and the wife may effect a divorce by themselves with their mutual consent; but in the case of a minor, the consent of his or her statutory agent must be obtained.
Article 1050
Divorce by mutual consent shall be effected in writing which requires the signatures of at least two witnesses, and by the divorce registration at the household administration authority.
Article 1051
(Repealed)
Article 1052
Where either the husband or the wife meets one of the following conditions, the other party may petition the court for a juridical decree of divorce:
(1) Where he or she has committed bigamy;
(2) Where he or she has consensual sexual intercourse with another person;
(3) Where he or she abuses the other party as to render common living intolerable;
(4) Where he or she abuses the lineal relative of the other party, or his or her lineal relative abuses the other party as to render common living intolerable;
(5) Where the other party has deserted him or her in bad faith and such desertion still continues;
(6) Where he or she is intent on murdering the other party;
(7) Where he or she has a loathsome disease which is incurable;
(8) Where he or she has a serious mental disease which is incurable;
(9) Where it has been uncertain for over three years whether he or she is alive or dead; or
(10) Where he or she has been sentenced to more than six months imprisonment for an intentional crime.
Either the husband or the wife may petition for a juridical decree of divorce upon the occurrence of any gross event other than that set forth in the preceding paragraph that renders it difficult to maintain the marriage, except if either the husband or the wife is responsible for the event, only the other party may petition for the divorce.
Article 1052-1
When a divorce through court mediation or court settlement is sustained, the marriage relationship is dissolved; and the court is required to notify the couple’s household registration office.
Article 1053
In the cases specified in Subparagraphs 1 and 2 of the preceding article, the party who has the right to claim may not apply for a [juridical decree of] divorce, where he or she has previously consented to the event or has condoned it afterward or has known of it for over six months, or where two years have elapsed after the occurrence of the event.
Article 1054
In the cases specified in Subparagraphs 6 and 10 of Article 1052, the party who has the right to claim may not apply for a [juridical decree of] divorce, where one year has elapsed after he or she has known of the event or where five years have elapsed after the occurrence of the event.
Article 1055
After the husband and the wife effect a divorce, one party or both parties of the parents will exercise the rights or assume the duties in regard to the minor child by mutual agreement. If the mutual agreement did not or could not be done, the court may decide by the applications of the husband or the wife, the authorities concerned, the social welfare institution or any other interested person, or may decide by its authority.
If the mutual agreement is unfavorable to the child, the court may change the agreement upon the applications of the authority concerned , the social welfare institution or any other interested person or by its authority in regard to the interests of the minor child.
When the party who should but could not exercise the rights and assume the duties in regard to the minor child or did not protect the interests of the minor child, the other party of the husband and the wife, the minor child, the authorities concerned, the social welfare institution or any other interested person may apply the court to change the mutual agreement in regard to the interests of the minor child.
The provisions in the preceding three paragraphs, the court may decide the contents and methods of exercising rights and assuming duties for the interests of the minor child on the application or by its authority.
The court may decide the way and period of meeting or communication with the minor child by the application of the party who could exercise the rights and assume the duties in regard to the minor child, or by its authority. When the meeting or communication affects the interests of the minor child, the court may change it on the applications or by its authority..
Article 1055-1
When the court makes the jurisdiction in the Article of 1055, it should be decide in accordance with the best interests of the minor child, consider all the conditions and the visiting reports of the social workers, especially check the following contents:
(1) The age, gender, numbers and healthy condition of the minor child.
(2) The willing of the minor child and the need of personality development.
(3) The age, occupation, character, health condition, economical ability and the life style of the parents.
(4) The parent's willing and attitude of protecting and educating the minor child.
(5) The emotional feelings between the parents and the minor child or between the other persons living together and the minor child.
(6)Whether one parent takes actions to hinder the other of exercising rights and assuming duties of the minor child.
(7)The tradition, culture, and values of different ethnic groups.
When the court makes the preceding decision in accordance with the best interests of the minor child, besides social workers’ visiting reports or family matters investigation officers’ investigation reports, the court may also make decision based on investigation outcomes of specific matters made by police authorities, tax authorities, financial institutions, schools, and other related authorities, groups, or proper members with related professional knowledge.
Article 1055-2
In the case of the parents, both parties not suitable for exercising are the rights of parents, the Court should appoint a guardian in the best interest of the minor child in accordance with the preceding articles, and appoint the methods of guardianship, order the parents to assume the duties for raising the minor child and the methods.
Article 1056
Where one of the husband and the wife has suffered damage from a judicial decree of divorce, he or she may claim compensation from the other party at fault.
In the case provided in the preceding paragraph, the injured party may still claim an equitable compensation in money for a non-pecuniary loss, provided that he or she is not at fault.
The claim mentioned in the preceding paragraph shall not be assigned to others or be passed to heirs, unless it has been acknowledged by a contract or unless an action has been commenced.
Article 1057
Where the innocent party of the husband and the wife is reduced to difficulties in livelihood on account of a judicial decree of divorce, the other party, even if he or she is also innocent, shall pay an equitable alimony.
Article 1058
On divorce each of the husband and the wife recovers his or her own property whatever was at the time of getting married or changing the property regime, except when the separate property regime was applied. If there is any remainder [of the property], it shall be allocated according to the provisions of their property regime.