Goto Main Content

Chapter Law Content

Title: Civil Code CH
Category: Ministry of Justice(法務部)
Part Ⅳ Family
CHAPTER VII Family Council
Article 1129
Where a meeting of the family council shall be held in accordance with the provisions of this Code, it shall be convened by the party concerned or his statutory agent or other interested persons.
Article 1130
A family council shall be composed of five members.
Article 1131
Members of a family council shall be selected from among the following relatives of the minor, or of a person who is subject to the order of the commencement of guardianship, or of the deceased person, and in the following order:
(1) Elder lineal relatives by blood;
(2) Elder collateral relatives by blood within the third degree of relationship;
(3) Relatives by blood of the equal rank within the fourth degree of relationship.
Among the persons who are in the same order of the preceding paragraph, the person nearest in degree of relationship will be the first; and among those of the same degree of relationship, the person living in the same household will be the first, or the person senior in age will be the first in the absence of relative living in the same household.
A member of family council as determined according to the preceding two paragraphs who can not or has difficulty to be present at the meeting shall be substituted by the relative of the next order.
Article 1132
Matters which shall be dealt by the family council in conformity with law and have the following condition, the matter may be dealt by the court on the application of the person who has the right to convene a meeting of the family council or any interested person.
(1) In case there are no such relatives as provided in the preceding article, or where such relatives are not enough to constitute the statutory number;
(2) In the event that it is impossible or there is difficulty to convene the meeting of family council;
(3) Where no resolution has been adopted or the holding of such meeting failed though the meeting of family council has convened.
Article 1133
Guardians, minors and persons who are subject to the order of the commencement of guardianship shall not act as members of a family council.
Article 1134
Persons who are called upon to act as members of a family council in conformity with law, shall not decline or resign the office without a good cause.
Article 1135
A family council shall not hold a session without at least three members being present and shall not pass a resolution without the consent of the majority of those present.
Article 1136
Where a member of the family council has personal interests in the matter discussed, he shall not participate in passing the resolution.
Article 1137
Where the person who has the right under Article 1129 to convene a meeting of the family council refuses to obey any of its resolutions, he may complain to the court within three months.