Civil Code
Republic of China Law from Mainland Era to Taiwan
Part I General Principles

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zh:民法第一編總則

History

From http://law.moj.gov.tw/ENG/LawClass/LawHistory.aspx?PCode=B0000001 :

Promulgated on May 23, 1929
Effective from October 10, 1929
As Amended on January 4, 1982 and effective on January 1, 1983
Amended on May 23,2008
Amended on June 10, 2015

Content

Unamended articles from http://law.moj.gov.tw/ENG/LawClass/LawParaDeatil.aspx?Pcode=B0000001&LCNOS=%20%20%201%20%20%20&LCC=1 retrieved on 24 July 2016 are shown below. Later amended Articles 8, 10, 14, 15, 18, 20, 22, 24, 27, 28, 30, 32, 33, 34, 35, 36, 38, 42, 43, 44, 46, 47, 48, 50, 51, 52, 53, 56, 58, 59, 60, 61, 62, 63, 64, 65, 85, 118, 129, 131, 132, 133, 134, 136, 137, 148, 151, 152 and added Articles 15-1, 15-2 are in separate pages.

Chapter I Application Rules

Article 1

If there is no applicable act for a civil case, the case shall be decided according to customs.　If there is no such custom, the case shall be decided according to the jurisprudence.

Article 2

Only those customs which are not against public policy or morals shall be applied to a civil case.

Article 3

While a written document is required by the act, it is unnecessary written by the person himself, but it must be signed by him.
If the person uses a seal instead of his signature, the affixing of such seal has the same effect as of his signature.
The effect of a finger-print, cross or other mark will be equivalent to the effect of a signature provided that it is certified with two witnesses’ signatures.

Article 4

If a certain quantity is expressed both in characters and in figures, and if there is inconsistency between them, the expression in characters shall be governed when the court cannot ascertain the real intent of the parties.

Article 5

If a certain quantity is expressed in characters or in figures more than once, and if there is inconsistency in them, the fewest shall be governed when the court cannot ascertain the real intent of the parties.

Chapter II Persons

Section I Natural Persons

Article 6

The legal capacity of a person commences from the moment of live birth and terminates at death.

Article 7

An unborn child is considered as if it were already born with regard to its interests, except it was subsequently born dead.

Article 8 (later amended)

Article 9

A person who had been declared dead is presumed to be dead at the date fixed in the judgment.
In the absence of proof to the contrary, the time of death specified in the preceding paragraph shall be the date of expiration of the period specified in the preceding article.

Article 10 (later amended)

Article 11

When there have been two or more persons perished in a catastrophe and if the sequence of their death could not be proven, they are presumed to be dead simultaneously.

Article 12

Majority is attained upon reaching the twentieth year of age.

Article 13

The minor, who has not reached their seventh year of age, has no capacity to make juridical acts.
The minor, who is over seven years of age, has a limited capacity to make juridical acts.
The married minor has the capacity to make juridical acts.

Article 14 (later amended)

Article 15 (later amended)
Article 15-1 (later added)
Article 15-2 (later added)
Article 16

No one shall be permitted to waive his legal capacity or capacity to make juridical acts.

Article 17

No one shall be permitted to waive his liberty.
Any limitation to liberty shall not be against public policy or morals.

Article 18 (later amended)

Article 19

If one’s right to use his name is infringed, one may apply to the court for removing of infringement and for damages for emotional distress.

Article 20 (later amended)

Article 21

The domicile of a person who has no or is limited in capacity to make juridical acts is the domicile of his guardian.

Article 22 (later amended)

Article 23

Where a person has chosen a residence for a specific purpose, the residence is deemed to be his domicile with regard to that purpose.

Article 24 (later amended)

Section II Juridical Persons

Sub-section I General Provisions

Article 25

A juridical person is established only according to this code or any other acts.

Article 26

Within the limits prescribed by acts and regulations, a juridical person is capable of enjoy rights and assume duties with the exception of those rights and obligations which are exclusively appertaining to natural persons.

Article 27 (later amended)

Article 28 (later amended)

Article 29

The domicile of a juridical person is the location of its principal office.

Article 30 (later amended)

Article 31

If a juridical person, after its registration, fails to register any entry which should have been registered, or to register any amendment to any of the entries already registered, such entry or amendment therein should not be a valid defense against any third party.

Article 32 (later amended)

Article 33 (later amended)

Article 34 (later amended)

Article 35 (later amended)

Article 36 (later amended)

Article 37

The liquidation of a dissolved juridical person shall be dealt with by its director, unless otherwise provided its bylaw or by the resolution of the general meeting of members.

Article 38 (later amended)

Article 39

Whenever necessary, the court may discharge the liquidator from his duties.

Article 40

A liquidator shall do the following duties:

Wind up the business or affairs of the juridical person.
Claim the obligatory rights and discharge the debts.
Deliver the remaining assets to the persons entitled thereto.

The dissolved juridical person, before the end of its liquidation, is deemed to continue existence insofar as it is necessary for the liquidation.

Article 41

Unless otherwise provided by this General Provisions, the procedure of liquidation shall be carried out in conformity mutatis mutandis with the provisions governing the liquidation of a company limited by shares.

Article 42 (later amended)

Article 43 (later amended)

Article 44 (later amended)

Sub-section II Corporations

Article 45

A business corporation acquires juridical personality according to the particular act.

Article 46 (later amended)

Article 47 (later amended)

Article 48 (later amended)

Article 49

Without violating the provisions of articles 50 to 58, the bylaw may provide for the organization of the corporation and the relations between the corporation and its members.

Article 50 (later amended)

Article 51 (later amended)

Article 52 (later amended)

Article 53 (later amended)

Article 54

The members may withdraw from the corporation at any time unless the bylaw requires that the members have to remain until the end of the business year, or the expiration of notice period of withdrawal.
The period of notice in the preceding paragraph shall not exceed six months.

Article 55

The member who is withdrew or dismissed has no claim for the property of the corporation unless otherwise provided by the bylaw of a non-charitable corporation.
The member in the preceding paragraph continues to be liable for his share of the contributions which has become due before his withdrawal or dismissal.

Article 56 (later amended)

Article 57

A corporation may be dissolved, at any time, by a resolution of the general meeting of members passed by a majority vote of over two-thirds of the members of the corporation.

Article 58 (later amended)

Sub-section Ⅲ Foundation

Article 59 (later amended)

Article 60 (later amended)

Article 61 (later amended)

Article 62 (later amended)

Article 63 (later amended)

Article 64 (later amended)

Article 65 (later amended)

Chapter Ⅲ Things

Article 66

Real property is land and things which are constantly affixed thereto.
The products of the real property, if they are not separated therefrom, constitute a part of the real property.

Article 67

Personal property is any thing except real property mentioned in the preceding article.

Article 68

Accessories are things which are not part of the principal thing, but usually facilitate its utilization and belong to the same owner. However, if there is a particular custom in trade, such custom shall be prevalent.
The disposition of a principal thing extends to its accessories.

Article 69

Natural profits are products of the earth, animals, and other products which are produced from another thing without diminution of its substance.
Civil profits are interest, rentals and other revenue derived from the legal relation.

Article 70

A person who is entitled to the natural profits of a thing acquires the profits which are separated from the thing for the duration of his right.
A person who is entitled to the civil profits of a thing acquires them in proportion to the number of days for the duration of his right.

Chapter IV Juridical Acts

Section 1 – General Provisions

Article 71

A juridical act which violates an imperative or prohibitive provision of the act is void except voidance is not implied in the provision.

Article 72

A juridical act which is against public policy or morals is void.

Article 73

A juridical act which does not follow the formality required by the act is void unless otherwise provided by the act.

Article 74

If a juridical act whereby a person profiting by the difficulties, recklessness or inexperience of another causes to be delivered or promised pecuniary payment to such an extent that under that circumstances, the transaction is obviously unfair, the court may revoke the juridical act or reduce the payment upon the application of any interested person.
The application mentioned in the preceding paragraph must be made within one year from the date of the juridical act.

Section 2 – Capacity to Make Juridical Acts

Article 75

The expression of intent of a person who has no capacity to make juridical acts is void. An expression is also void which is made by a person who, though not without capacity to make juridical acts, in a condition of unconsciousness or mental disorder.

Article 76

A person who has no capacity to make juridical acts shall be represented by his guardian for making or receiving an expression of intent.

Article 77

The making or receiving of an expression of intent of a person who is limited in capacity to make juridical acts must be approved by his guardian, except when the expression of intent relates to the pure acquisition of a legal advantage, or to the necessaries of life according to his age and status.

Article 78

A unilateral act made by a person limited in capacity to make juridical acts without the approval of his guardian is void.

Article 79

A contract made by a person limited in capacity to make juridical acts without the approval of his guardian is valid upon the acknowledgement of the guardian.

Article 80

The other party to the contract mentioned in the preceding article may fix a period, not less than one month, and request the guardian to answer definitely within such period whether he acknowledged the contract or not.
If the guardian does not give a definite answers within the period mentioned in the preceding paragraph, it shall be deemed as refusal.

Article 81

After the cause for which a person’s capacity to make juridical acts is limited has ended in existence, his acknowledgement of the contract which he has previously made has the same effect as that of his guardian.
The provision of the preceding article applies mutatis mutandis to the case provided in the preceding paragraph.

Article 82

Before the acknowledgement of the contract made by a person who is limited in capacity to make juridical acts, the other party to the contract may withdraw it, except he knew that the approval of the guardian had not been given, when the contract was made.

Article 83

A juridical act made by a person who is limited in capacity to make juridical acts is valid if such person has induced the other party, by using fraudulent means, to believe that he had capacity to make juridical acts or that he had obtained the approval of his guardian.

Article 84

A person who is limited in capacity to make juridical acts is able to dispose of the property which his guardian has approved him to dispose of it.

Article 85 (later amended)

Section 3 – Expression of Intent

Article 86

An expression of intent shall not be void for the expresser did not intend to be bound by it, except the fact was known to the other party.

Article 87

A fictitious expression of intent made by the expresser in collusion with other party is void, but the voidance can not be a valid defense against any bona fide third party.
If the fictitious expression of intent was intended to conceal another juridical act, the provisions of the act with respect to such another juridical act shall apply.

Article 88

If the expression was acting under a mistake as to the contents of his expression of intent, or had known the situation of affairs, he would not make the expression; he may revoke the expression; provided that the mistake or the ignorance of the affairs was not due to his own fault.
If a mistake in respect to the qualification of the other party or the nature of a thing is regarded as essential in trade, it shall be deemed a mistake as to the contents of the expression of intent.

Article 89

If an expression of intent has been incorrectly transmitted by the person or institution employed for its transmission, it may be revoked under the same conditions as provided in the preceding article.

Article 90

The right of revocation provided in the preceding two articles would be extinguished after one year from the date of expression.

Article 91

If a expression of intent is revoked according to Article 88 or Article 89, the expresser is bound to compensate for any injury which the other party or any third party may have sustained by relying upon the validity of the expression, except the injured party knew, or might know, of the ground on which the expression was revocable.

Article 92

An expression of intent which is procured by fraud or by duress may be revoked by the expresser.　If the fraud was done by a third party, the expression may be revoked only under the circumstances that the other party knew, or might know the affairs.
The revocation of an expression of intent on the ground of fraud can not be a valid defense against the bona fide third party.

Article 93

The right of revocation in the preceding article must be exercised within one year from the date when the fraud was discovered or when the duress ceased.　But it can not be exercised after ten years since the expression of intent.

Article 94

An expression of intent inter presents becomes effective at the moment when the person to whom it is made understands it well.

Article 95

An expression of intent inter absents becomes effective at the moment when the notification of the expression reaches such other party, except when the withdrawal of the notification previously or simultaneously reaches such other party.
The fact that after the notification of the expression the expresser dies, or becomes no capacity to make juridical acts, or is limited in capacity to make juridical acts, shall not null the expression of intent.

Article 96

If an expression of intent is made to a person with no capacity or limited in capacity to make juridical acts, it becomes effective when the notification of the expression reaches the guardian of the person.

Article 97

If an expresser, not due to his fault, is ignorant of name and residence of the other party, the notification of the expression may be effected by the service by publication according to the Civil Procedure Code.

Article 98

In the interpretation of an expression of intent, the real intention of the parties must be sought rather than the literal meaning of the words.

Section 4 – Conditions and Time of Commencement and Ending

Article 99

If a juridical act is subject to a suspenseful condition, it becomes effective on the fulfillment of the condition.
If a juridical act is subject to a resolutory condition, it ceases to be effective on the fulfillment of the condition.
If the effect of the fulfillment of the condition shall commence at another time than the time of fulfillment of the condition according to particular agreement of the parties, such particular agreement shall govern.

Article 100

If the party of a conditional juridical act has, during the pending of the fulfillment, made any act damaging the interests which the other party would have derived from the fulfillment of the condition, he is liable for any injury resulting therefrom.

Article 101

If the fulfillment of a condition is prevented by improper means of the party to whose disadvantages it would operate, the condition is deemed to have been fulfilled.
If the fulfillment of the condition is brought about by improper means of the party to whose advantages it would operate, the condition is deemed not to have been fulfilled.

Article 102

If a juridical act is subject to a time for its commencement, it becomes effective when the time arrives.
If a juridical is subject to a time for its ending, it ceases to be effective when the time arrives.

The provision of Article 100 shall apply mutatis mutandis to the case under the preceding two paragraphs.

Section 5 – Agency

Article 103

An expression of intent which an agent makes in the name of the principal within the scope of his delegated power takes effect directly to the principal.
If an expression of intent which is required to be made to the principal is made to his agent, the provision of the preceding paragraph shall be mutatis mutandis applied.

Article 104

The effectiveness of an expression of intent made by or to an agent is not impaired by the fact that he is limited in the capacity to make juridical acts.

Article 105

If the effectiveness of an expression of intent of an agent is impaired by the lack of intent, by fraud, or by duress, or by knowledge, or by culpable ignorance of certain circumstances, the existence of the fact shall be determined with regard to the agent.

But if the agent derives his authority from a juridical act and the expression of intent was made following the definite instructions of the principal, the existence of the fact shall be determined with regard to the principal.

Article 106

Without the consent of the principal, an agent shall not make a juridical act in the name of his principal with himself in his own name, nor shall he, as an agent of a third party, make a juridical act in the name of the principal with such third party, except when the juridical act consists exclusively in the performance of an obligation.

Article 107

The limitation or withdrawal of the delegated power shall not be a valid defense against any bona fide third party, except the ignorance of the third party is due to his fault.

Article 108

The delegated power is terminated in accordance with the legal relation from which it is delegated.
The delegated power may be withdrawn for the duration of the legal relation from which it is delegated, except when according to the nature of the legal relation it can not be withdrawn.

Article 109

At the termination or withdrawal of the delegated power, the agent shall return the written delegation of agency to the party who gave it; he has no right to retain it.

Article 110

If one who has no delegated power to make a juridical act as an agent of another person, he is liable for the injury to the bona fide other party.

Section 6 – Voidance and Revocation

Article 111

If a part of a juridical act is void, the whole juridical act is void; however, if the juridical act could exist excluding the void part, the other part remains valid.

Article 112

If a void juridical act satisfies the requirement of another juridical act, the latter is valid if under the circumstances it may be assumed at its validity would have been intended by the parties on knowing of the voidance of the former.

Article 113

When a party made a void juridical act knew or might know that it was void, he shall be liable to recover the status of things to its original condition, or to compensate for any injury arising therefrom.

Article 114

If a juridical act has been revoked, it is deemed to have been void ab initio.
If a juridical act which is revocable was known or might have been known to the parties concerned, the provision of the preceding article shall apply mutatis mutandis to the revocation of the juridical act.

Article 115

Unless it is otherwise agreed upon, the acknowledgement of a voidable juridical act makes the juridical act valid from the moment when it was made.

Article 116

The revocation or acknowledgement of a juridical act shall be made by an expression of intent.
If the other party is known, the declaration of intent shall be made to him.

Article 117

If the validity of a juridical act depends upon the consent of a third party, the giving or the refusal of the consent may be declared to either one of the parties.

Article 118 (later amended)

Chapter V Dates and Periods

Article 119

The provisions of this chapter apply, unless otherwise provided, to the calculation of dates and periods specified in acts and regulations, judgments, or juridical acts.

Article 120

If a period is fixed by hours, it shall commence immediately.
If a period is fixed by days, weeks, months, or years, the first day is not included in the calculation.

Article 121

If a period is fixed by days, weeks, months, or years, it ends with the ending of the last day of the period.
If a period fixed by weeks, months, and years does not commence from the beginning of a week, month, or year, it ends with the ending of the day which proceeds the day of the last week, month, or year which corresponds to that on which it began to commence.　But if there is no corresponding day in the last month, the period ends with the ending of the last day of the last month.

Article 122

If an expression of intent is required to be made or a performance is to be effected on a specific date or within a specific period, and if the specific day or the last day of the specific period falls on a Sunday, commemoration day, or any other holiday, the day following the holiday takes it place.

Article 123

The month or the year specified in this code is to be calculated in accordance with the official calendar.
If a period is fixed by months or years in such a manner that they does not calculate consecutively, a month is reckoned as thirty days, a year as three hundred and sixty-five days.

Article 124

The age of a person is counted from his birthday.
If the month and the day of birth of a person are impossible to ascertain, he is presumed to have been born on the first day of July.　If the month is known and the day is impossible to ascertain, he is presumed to have been born on the fifteenth day of the said month.

Chapter VI Extinctive Prescription

Article 125

Unless shorter periods are provided by the act, a claim is extinguished by prescription if it is not exercised within fifteen years.

Article 126

If the claim is for the payment of interest, dividends, rentals, maintenance, pensions, and other periodical prestations falling due at sated intervals of one year or less, each successive payment of the claim is extinguished by prescription if it is not exercised within five years.

Article 127

The claim with regard to the following is extinguished by prescription if not exercised within two years:

Charges for lodging, food or seats, for the price of articles for consumption, and for disbursements, made by inn, restaurants and places of entertainment;
Charges for transportation and for disbursements, made by the carrier;
Rentals due to a person who carries on a business of letting personal property;
Fees, charges for medicine and remuneration of medical practitioners, pharmacists and nurses, and the disbursements made by them;
Remuneration of attorneys, certified public accountants and public notaries, and the disbursements made by them;
Restoration of things received from the parties to an action by attorneys, certified public accountants and public notaries;
Remuneration of technical experts and undertakers, and the disbursements made by them;
Price of goods or products supplied by merchants, manufactures and those who practice handmade arts.

Article 128

Extinctive prescription starts from the moment when the claim may be exercised.　If the claim is for the forbearance of an act, the prescription starts from the time of act.

Article 129 (later amended)

Article 130

If a prescription is interrupted by the making of a demand, and if an action has not been brought for the satisfaction of the claim within six months from the date of the demand, the prescription is deemed not to have been interrupted.

Article 131 (later amended)

Article 132 (later amended)

Article 133 (later amended)

Article 134 (later amended)

Article 135

If a prescription is interrupted by notice of the pending action, and if no action is brought within six months after termination of the pending action, the prescription is deemed not to have been interrupted.

Article 136 (later amended)

Article 137 (later amended)

Article 138

The interruption of a prescription takes effect among the parties, their successors and assignees only.

Article 139

If a prescription can not be interrupted owing to force majeure or any other unavoidable cause at the ending of the period for the prescription, the said prescription is not complete until the expiration of one month from the time when such obstruction ends.

Article 140

The prescription of a claim in favor of or against the property of a succession is not complete until the expiration of six months from the moment when the successor is ascertained, the administrator is appointed or the bankruptcy is declared.

Article 141

If a person who has no capacity to make juridical acts or has a limited capacity to make juridical acts is left without a guardian within six months before the ending of the period for prescription, the said prescription is not complete until the expiration of six months from the time when such person reaches capacity to make juridical acts or when his guardian enters upon his duties.

Article 142

The prescription of a claim against the guardian of person, who has no capacity to make juridical acts or has a limited capacity to make juridical acts, is not complete until the expiration of one year after his legal relation to the guardian has discontinued.

Article 143

The prescription of a claim of a husband against his wife or of a wife against her husband is not complete until the expiration of one year after the marriage has dissolved.

Article 144

After the completion of a prescription, the debtor is entitled to refuse to perform his obligation.
If any prestation is made in satisfaction of a claim extinguished by a prescription, the debtor may not demand the return of the prestation on the ground that he was ignorant of the prescription.　The preceding rule applies to a contractual acknowledgement of obligation and to the giving of security for the obligation.

Article 145

Although a claim for which there is a mortgage, a lien, or a right of retention has been extinguished by a prescription, the creditor is still entitled to satisfy him out of the things mortgaged, liened, or retained.
The provision of the preceding paragraph does not apply to a claim for interest or other successive payments of periodical prestations when the claim has been extinguished by prescription.

Article 146

The effect of prescription of the principal claims extends to the accessory claim, unless otherwise provided by the act.

Article 147

The period of prescription may not be extended or reduced by juridical acts.　The advantage of prescription may not be waived in advance.

Chapter VII Exercise of Rights

Article 148 (later amended)

Article 149

A person acting in defense of his own rights or the rights of another against immediate unlawful infringement thereof is not liable to compensate for any injury arising from his action.　But if anything is done in excess of what is required for necessary defense, he is still liable to make a reasonable compensation.

Article 150

A person acting to avoid an imminent danger menacing the life, body, liberty or property of himself or of another is not liable to compensate for any injury arising from his action, provided the action is necessary for avoiding the danger and does not exceed the limit of the injury which would have been caused by the said danger.
Under the circumstances specified in the preceding paragraph, if the person so acting is responsible for the occurrence of the danger, he is liable to compensate for any injury arising from his act.

Article 151 (later amended)

Article 152 (later amended)

Annotated Republic of China Laws/Civil Code/Part I

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