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Chapter Law Content

Title: Family Act CH
Category: Judicial Yuan(司法院)
PART IV NON-LITIGATION PROCEDURES FOR FAMILY MATTERS
CHAPTER VIII MATTERS CONCERNING MANAGEMENT OF THE PROPERTY OF AN ABSENT PERSON
Article 142
With regard to the matters concerning management of the property of an absent person, the jurisdiction to hear the proceedings exclusively belongs to the court for the place of the domicile of the absent person.
Provisions in Article 52, Paragraphs 4 of this Act shall apply, mutatis mutandis, to matters provided in the preceding paragraph.
Article 143
Where a manager of the property has not been designated to an absent person, the position shall be served by persons in the following:
1. the spouse of the absent person;
2. the parents of the absent person;
3. the child of the absent person who has come of age of majority;
4. the grandparents who cohabit with the absent person;
5. the head of the house.
Where the manager of the property cannot be selected from the persons listed above, the court may, upon motion by the interested parties or a prosecutor, designate a manager of the property.
Provisions in the preceding two paragraphs shall apply, mutatis mutandis, to circumstances where the functions of a manager of the property cease on grounds of death, being subject to an order of the commencement of guardianship, assistantship or bankruptcy, or on other grounds.
Article 144
Where there is more than one manager of the property, except as otherwise ruled by the court at its designation of the managers of the property, decisions with regard to the management of the property of an absent person shall be made by agreement among the said managers of the property; where the negotiation cannot be initiated or the said agreement cannot be reached, a manager of the property or an interested party may motion to a court for determining the methods of the management of the said property.
Article 145
Where the manager of the property is not up to the tasks or his or her management is not done in a proper manner, the court may, upon motion by the interested parties or by a prosecutor, re-designate the manager of the property; where the said manager of the property was originally designated by a court, the court may re-designate the manager of the property on its own initiative.
Where there is a justifiable reason, the manager of the property may motion to the court for permission to resign from the post.
Upon granting the permission in accordance with the preceding paragraph, the court shall designate another manager of the property.
Article 146
In designating, changing, or re-designating a manager of the property, the court shall grant an opportunity to be heard to the interested parties as well as the relevant designates.
Article 147
Where the acquisition, creation, loss or alteration of the property of the absent person must be registered in accordance with the law, the manager of the property shall ex officio apply to the registrar agency for the relevant registration.
Article 148
The manager of the property shall make a catalogue of the property under his or her management, and have the same notarized by a notary; the expenses of which shall be borne out of the property of the absent person.
Article 149
The court may, upon motion by the interested parties or by a prosecutor, order the manager of the property to report on the management or calculation of the property concerned; where the said manager of the property was originally designated by a court, the court may on its own initiative order the manager of the property to so report.
No interlocutory appeal may be taken from a ruling done in accordance with the preceding paragraph.
Article 150
An interested party may, upon making a preliminary showing on the grounds, apply to the court for inspection of the report and documents relating to calculation submitted in accordance with the preceding article, or apply for written copy, photocopy or excerpted copy thereof upon clearing the expenses in advance.
Article 151
The manager of the property shall preserve the relevant property with due diligence as a good manager, and may perform utilization of or improvement upon the property that is favorable to the absent person. Notwithstanding the foregoing, conduct of utilization or improvement that poses a threat to changing the characters of the property concerned may be performed only with the court’s permission.
Article 152
The court may order the manager of the property to provide sufficient security for the management and return of the property, and may by a ruling, increase, reduce, amend or waive the security.
Provisions in the Code of Civil Procedure with regard to security for litigation expenses shall apply, mutatis mutandis, to security provided in the preceding paragraph.
Article 153
The court, upon the motion by a manager of the property, may order that an appropriate amount of remuneration be paid to the manager out of the property, taking into account the relationship between the said manager and the absent person, the complexity of the tasks under management, as well as other relevant circumstances.