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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 IX MATTERS CONCERNING DECLARATION OF DEATH
Article 154
With regard to the following matters concerning declaration of death, the jurisdiction to hear the proceedings exclusively belongs to the court for the place of the domicile of the absent person:
1. matters concerning declaration of death;
2. matters concerning revocation or amendment of court ruling on declaration of death;
3. other matters concerning declaration of death.
Provisions in Article 52, Paragraph 4 of this Act shall apply, mutatis mutandis, to matters provided in the preceding paragraph.
Proceedings fees for matters provided in the first paragraph of this Article, apart from those for matters concerning declaration of death which shall be deducted from the inheritance, shall be borne by the applicant.
Article 155
A motion for a court ruling on matters concerning declaration of death or concerning revocation or amendment of a court ruling on declaration of death may be filed by an interested party or a prosecutor.
Article 156
Prior to making a ruling on declaration of death, the court shall conduct a public summons proceeding.
The public notice effectuated under a public summons proceeding above shall state the following:
1. that an absent person shall, within a designated period of time, file a statement to the court the fact that he or she is still alive, and that failing such, a ruling on declaration of his or her death shall be made;
2. that anyone who knows about whether the absent person is still alive shall, within a designated period of time, file a statement to the court about what he or she knows.
Provisions in Article 130, Paragraphs 3 to 5 of this Act shall apply, mutatis mutandis, to public notice in accordance with the preceding paragraph. Notwithstanding the foregoing, where the absent person is over 100 years of age, the time period for filing a said statement may be reduced to two months from the date of publication of the public notice.
Article 157
Where the absent person files a statement about his or her being alive only after the expiration of time period for filing a statement, and the court ruling for declaration of death has yet to be made or has yet to become final and binding, his or her filing of statement shall carry the same legal effect as filing a statement within the time period.
Article 158
The court shall notify the spouse, the child and the parents of the absent person to participate in the proceedings on declaration of death, unless making the said notification is manifestly difficult; where there is a statutory agent acting on behalf of the absent person, the said statutory agent shall also be notified.
The parties provided above shall be served with the court ruling on declaration of death.
Article 159
A court ruling on declaration of death shall make a definitive determination on the time and date of death.
A court ruling on declaration of death shall take effect upon becoming final and binding vis-a-vis the applicant, the surviving party who filed the statement, and parties provided in Article 158, Paragraph 1.
After the ruling becomes final and binding in accordance with the preceding paragraph, the court shall publish the summary of the said ruling by an appropriate means.
Article 160
Where after a ruling on declaration of death becomes final and binding it is found that the person covered by the ruling is still alive or the date of death determined by the ruling is inappropriate, a motion for revoking or amending the court ruling on declaration of death may be filed.
Article 161
A motion for revoking or amending the court ruling on declaration of death shall state in writing the following:
1. the applicant, the party who motioned for a declaration of death, and the statutory agent;
2. the court ruling that should be revoked or amended;
3. how the said court ruling should be revoked or amended;
4. the grounds for revocation or amendment;
It is advisable to indicate relevant evidentiary documents to substantiate the grounds mentioned in Sub-paragraph 4 of the preceding paragraph.
Provisions in Article 158 of this Act shall apply, mutatis mutandis, to matters concerning revocation or amendment of court ruling on declaration of death.
Article 162
Where a person covered by a declaration of death has died prior to the time at which the court ruling on annulment of declaration of death becomes final and binding, the court shall make a ruling to declare the conclusion of the proceedings on the said annulment.
Article 163
A court ruling on revocation or amendment of a court ruling on declaration of death is valid erga omnes. Nonetheless, the foregoing shall not affect acts done bona fide prior to the time at which the said court ruling becomes final and binding.
Where an acquisition of property is gained as a result of the declaration of death and the entitlement is lost as a result of the court ruling provided in the preceding paragraph, the obligation to return the said property shall be borne to the limit of the current benefit brought by the property.
Provisions in Article 159, Paragraphs 2 and 3 of this Act shall apply, mutatis mutandis, to the court ruling provided in the Paragraph 1 of this Article.