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Annotated Republic of China Laws/Enforcement Act of the Part of General Principles of the Civil Code

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Enforcement Act of the Part of General Principles of the Civil Code
Republic of China Law from Mainland Era to Taiwan

HistoryEdit

[1]

  1. Promulgated on September 24, 1929 ; Effective from October 10, 1929
  2. As amended on January 4, 1982 and effective from January 1, 1983
  3. Amended on May 23,2008
  4. Amended on June 10,2015

ContentEdit

[2]

Articles 4-1, and 4-2 have been added.
Articles 1, 3, 4, 5, 6, 7, 10, 12, 13 and 19 have been amended.
Article 1 (later amended)
Article 2
  • Within the limits prescribed by acts and regulations, the foreigner is entitled with the legal capacity.
Article 3 (later amended)
Article 4 (later amended)
Article 4-1 (later added)
Article 4-2 (later added)
Article 5 (later amended)
Article 6 (later amended)
Article 7 (later amended)
Article 8
  • If the legal person specified in Article 6 does not provide the catalog of the property or the name list of the members, he shall make them immediately after the coming into force of the Part of General Principles of the Civil Code.
Article 9
  • The provisions of Article 6 to Article 8 shall not apply to the independent property purposed to furnish the maintenance of the ancestor shrine, temple or the family.
Article 10 (later amended)
Article 11
  • Unless otherwise provided by the act, the establishment of the foreign legal person shall not be recognized.
Article 12 (later amended)
Article 13 (later amended)
Article 14
  • If there is any situation as provided by Article 36 of the Part of General Principles of the Civil Code in the office of the foreign legal person set up in accordance with the provision of the preceding article, the court may revoke it.
Article 15
  • If the foreign legal person, the establishment of which has not been recognized, makes a legal act with another in the name of a foreign legal person, the actor shall be jointly liable for this legal act with the foreign legal person.
Article 16
  • Before the coming into force of the Part of General Principles of the Civil Code, if according to the provisions of the Part of General Principles of the Civil Code, the extinctive prescription has been completed, or the remainder of the period of the prescription is less than one year, the claim may be made within one year from the date of the coming into force. Except when the period, beginning from the completion of the prescription to the coming into force of the Part of General Principles of the Civil Code, exceed half of the period of the prescription as provided by the Part of General Principles of the Civil Code.
Article 17
  • The provisions of the preceding article shall mutatis mutandis apply to the claim for revocation as specified in the second paragraph of Article 74, Article 90, and Article 93.
Article 18
  • If the statutory extinctive prescription has already completed before the coming into force of the Part of General Principles of the Civil Code, the prescription has completed.
  • If the period of a statutory extinctive prescription before the coming into force of the Part of General Principles of the Civil Code is longer than that provided by the Part of General Principles of the Civil Code, the provisions before the coming into force shall be applied. However, if the remainder of the period of prescription reckoned from the date of the coming into force of the Part of General Principles of the Civil Code is longer than that provided by the Part of General Principles of the Civil Code, the provisions provided by the Part of General Principles of the Civil Code shall be applied from the date of the coming into force.
Article 19 (later amended)

Annotated by WikibooksEdit

  1. "Enforcement Act of the Part of General Principles of the Civil Code: Legislative History". Laws & Regulations Database of The Republic of China. Ministry of Justice (Taiwan). 2016-09-14. http://law.moj.gov.tw/ENG/LawClass/LawHistory.aspx?PCode=B0000002. Retrieved 2016-09-24. 
  2. "Enforcement Act of the Part of General Principles of the Civil Code: Article Content". Laws & Regulations Database of The Republic of China. Ministry of Justice (Taiwan). 2015-06-10. http://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?PCode=B0000002. Retrieved 2016-09-24.