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Chapter Law Content

Title: Family Act CH
Category: Judicial Yuan(司法院)
PART V SECURING PERFORMANCE AND EXECUTION
CHAPTER I GENERAL PRINICIPLES
Article 186
Except as otherwise provided in the statutory law, mediation or settlement reached, or court decisions made on the substantive claims in accordance with the provisions in this Act may be used as a writ of execution.
Except as otherwise provided in the statutory law, provisions in the Compulsory Execution Act shall apply, mutatis mutandis, to compulsory execution conducted over family matters; furthermore, the administrative agencies or the social welfare authorities may provide assistance with regard to execution upon motion.
Article 187
After the issuing of the writ of execution, the creditor, in addition to motioning for compulsory execution, may motion to the court for investigating the status of performance of obligations, as well as for urging the debtor to perform the obligation in full or in part.
With regard to the investigation or urging provided in the preceding paragraph, the jurisdiction to hear the proceedings belongs to the court of first instance which made the said decision or before which the said mediation or settlement was reached.
Where necessary, the court may ask a family matter investigator to conduct the said investigation or urging; it may also request another court to so conduct the investigation or urging.
The proceedings fees provided in Paragraph 1 of this Article shall be 500 New Taiwan Dollars, to be borne by the applicant. Provisions in Article 77-23, Paragraph 4 of the Code of Civil Procedure shall, mutatis mutandis, apply.
Article 188
In urging the debtor, the court may request other courts, relevant agencies, organizations or other appropriate personnel to act in conjunction with it.
The court may, in its discretion, order the necessary proceedings fees of urging the performance of obligations to be borne jointly by both the creditor and the debtor in a certain proportion, by one of the parties by himself or herself in whole, or separately by the creditor and the debtor for the expenses they respectively incurred.
CHAPTER II EXECUTION OF EXPENSES FOR MAINTEANCE OR OF OTHER EXPENSES
Article 189
With regard to execution of claims of expenses of maintenance, the execution fees may be temporarily exempted until deducted from the proceeds from the execution.
Article 190
Where the debtor, in accordance with a writ of execution, bears the obligation of payment for living expenses of the household, for expenses of maintenance or for alimony to be made in installments and there is an incomplete performance of one installment, although the payment period for the other installments has not yet expired, the creditor may nonetheless motion for execution of those installments of payment.
With regard to the execution conducted in accordance with the preceding paragraph, the attachment may only list as object the salaries of the debtor the payment period of which has already expired or other obligatory rights subject to continuous payment.
Article 191
Where the debtor, in accordance with a writ of execution, bears the obligation of payment for living expenses of the household, for expenses of maintenance or for alimony to be made in installments and there is an incomplete performance of one installment, although the payment period for the other installments has not yet expired, the executing court may, upon motion by the creditor, by a ruling order the debtor to make the payment within the time limit of each period, and order that in the circumstance where the payment is not made within the time limit, an amount of mandatory payment shall be payable to the creditor. Nevertheless, the foregoing shall not apply to circumstances where the court that made the ruling has determined the amount that shall be paid in addition in accordance with Article 100, Paragraph 4.
In making a ruling in accordance with the preceding paragraph, the court shall take into account the detriment caused by the non-performance of obligation to the creditor, the financial situation of the debtor, and the prior state of obligation performance.
The mandatory payment provided in Paragraph 1 of this Article shall not exceed half of the amount of payment in each installment.
Where the payment period for obligations provided in Paragraph 1 of this Article has already expired, the court may, upon motion by the creditor, by a ruling order the debtor to perform the obligations within a designated period of time, and order that in the circumstance where the payment is not made at the expiry of the time limit, an amount of mandatory payment shall be payable to the creditor. The provisions in the preceding two paragraphs shall apply, mutatis mutandis, to the foregoing situation.
Where the debtor proves that he or she is without financial means to pay back the debt or paying back the debt will result in obvious financial distress in his or her normal life, the executing court shall, upon motion by the debtor or on its own initiative, revoke the ruling made in accordance with Paragraph 1 or Paragraph 4 of this Article.
Article 192
Where there is a fundamental change of circumstances after a ruling on mandatory payment made in accordance with Paragraph 1 or Paragraph 4 of Article 191 becomes final and binding, the executing court may, upon motion by the debtor, modify the said ruling.
Where the debtor makes the motion in accordance with the preceding paragraph, the court may, when necessary, by a ruling suspend the execution of the ruling on mandatory payment.
No interlocutory appeal may be taken from a ruling done in accordance with the preceding paragraph.
Article 193
Limitations provided in Article 122 of the Compulsory Execution Act do not apply to the execution of obligations of payment for expenses of maintenance for a minor child. Notwithstanding the foregoing, the expenses necessary for maintaining the subsistence of the debtor and the minor child whose living the debtor is responsible to maintain may not be listed among the object of execution.
CHAPTER III EXECUTION CONCERNING HANDING OVER OF A CHILD OR CONCERNING MEETING OR COMMUNICATING WITH A CHILD
Article 194
Where a writ of execution concerns ordering the handing over of a child or meeting or communicating with a child, the executing court shall, taking into account the following circumstances, determine the manner of execution consistent with the best interest of the child, in choosing to conduct the execution in either a directly compulsory means or an indirectly compulsory means or a combination of a directly and an indirectly compulsory means:
1. the age of the minor child and whether he or she has the capability to declare an intention;
2. the will of the minor child;
3. the degree of urgency of the execution;
4. the effectiveness of the means of the execution;
5. the interaction between the obligation-bearer, the right-holder, and the minor child, and the possible impacts of the execution upon those persons.
Article 195
Where the execution involves handing over of a child to the right-holder in a directly compulsory means, it is advisable to draw up an execution plan in advance; where necessary, the execution may proceed without notifying the obligation-bearer the date of execution, while requesting the assistance from the police authorities, the social workers, the medical services, the school teachers, the diplomatic services, or other relevant authorities.
The execution provided in the preceding paragraph is advisable to be conducted with appropriate explanations and exhortation, and as far as possible, to be done in a peaceable manner, taking due consideration of the physical and life safety, physical freedom and dignity, as well as the emotions of the minor child.