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Annotated Republic of China Laws/Civil Code/Part V

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[1]

  1. Promulgated on December 26, 1930
    Efficient from Could 5, 1931
  2. Amended on June 3, 1985
  3. Amended on January 2, 2008
  4. Amended on June 10, 2009
  5. As amended on December 30, 2009
  6. Amended on January 29, 2014
  7. Amended on January 14, 2015

[2]

Articles 1142, 1143, 1155, and 1167 have been deleted.
Articles 1148-1, 1156-1, 1162-1, 1162-2, 1176-1, 1178-1, and 1211-1 have been added.
Articles 1145, 1148, 1153, 1154, 1156, 1157, 1159, 1161, 1163, 1165, 1174, 1176, 1177, 1178, 1181, 1183, 1195, 1196, 1198, 1210, 1212, 1213, 1219, 1220, 1221, and 1222 have been amended.

CHAPTER I, HEIRS TO PROPERTY (1138-1146)[edit]

Article 1138
  • Heirs to property apart from the partner come within the following order:
  1. Lineal descendants by blood;
  2. Mother and father;
  3. Brothers and sisters;
  4. Grandparents.
Article 1139
  • Amongst individuals of the primary order supplied within the previous Article, the individual nearest in diploma of relationship comes first because the inheritor.
Article 1140
  • The place an inheritor of the primary order supplied in Article 1138 has died or misplaced the proper to inheritance earlier than the opening of the succession, his lineal descendants shall inherit his entitled portion in his place.
Article 1141
  • The place there are a number of heirs of the identical order, they inherit is equal shares as per capita, until it’s in any other case supplied by legislation.
Article 1142 (later deleted)
Article 1143 (later deleted)
Article 1144
  • Every partner has the proper to inherit the property of the opposite, and his or her entitled portion is set in accordance with the next Subparagraphs:
  1. The place the partner inherits concurrently with heirs of the primary order, as supplied in Article 1138, his or her entitled portion is the same as the opposite heirs;
  2. The place the partner inherits concurrently with heirs of the second or third order as supplied in Article 1138, his or her entitled portion is one-half of the inheritance;
  3. The place the partner inherits concurrently with heirs of the fourth order as supplied in Article 1138, his or her entitled portion is two-thirds of the inheritance;
  4. The place there is no such thing as a inheritor of any of the 4 orders supplied in Article 1138, his or her entitled portion is everything of the inheritance.
Article 1145 (later amended)
Article 1146
  • The place the proper to inherit has been infringed upon, the injured celebration or his statutory agent could declare its restitution.
  • The fitting to say as supplied within the previous Paragraph is extinguished if not exercised inside two years from the date of understanding such infringement. The identical rule applies the place ten years have elapsed from the time of the opening of the succession.

CHAPTER II, SUCCESSION TO PROPERTY[edit]

Part 1 – EFFECTS (1147-1153)[edit]

Article 1147
  • Succession opens with the demise of the deceased.
Article 1148 (later amended)
Article 1148-1 (later added)
Article 1149
  • An individual who had been financially supplied by the deceased earlier than the latter’s demise shall be allotted a sure portion of the deceased’s property by the household council, taking into account the extent of upkeep he used to obtain and different relationships with the deceased.
Article 1150
  • Bills referring to the administration and partition of the deceased’s property and the execution of the need are to be paid out of that property besides these which have been incurred by the faults of the inheritor.
Article 1151
  • The place there are a number of heirs, the entire of the deceased’s property is, earlier than its partition, owned in widespread by the heirs.
Article 1152
  • In regard to the property in widespread supplied by the previous Article, the heirs could elect an individual amongst themselves for its administration.
Article 1153 (later amended)

Part 2 – LIMITED SUCCESSION (1154-1163)[edit]

Article 1154 (later amended)
Article 1155 (later deleted)
Article 1156 (later amended)
Article 1156-1 (later added)
Article 1157 (later amended)
Article 1158
  • An inheritor shall not, inside the specified time frame supplied by the previous Article, make compensation to any of the deceased’s collectors.
Article 1159 (later amended)
Article 1160
  • Till an inheritor has carried out his obligations in accordance with the previous Article, he shall not hand over any legacy to a legatee.
Article 1161 (later amended)
Article 1162
  • Any creditor of the deceased who has did not current one’s claims inside the specified time frame supplied in Article 1157, and had been additionally unknown to the inheritor, could train his proper solely upon such a part of the deceased’s property as stays in any case different authorized repayments.
Article 1162-1 (later added)
Article 1162-1 (later added)
Article 1163 (later amended)

Part 3 – PARTITION OF INHERITANCE (1164-1173)[edit]

Article 1164
  • An inheritor could at any time demand the partition of the inheritance until it’s in any other case supplied by legislation or agreed upon by contract.
Article 1165 (later amended)
Article 1166
  • The place one of many heirs is an unborn baby, partition of the deceased’s property by the opposite heirs shall not happen until the entitled portion of such baby has been reserved.
  • In regard to such partition of inheritance, the mom acts as agent of the unborn baby.
Article 1167 (later deleted)
Article 1168
  • After the partition of the inheritance every inheritor bears, in proportion to the share he has acquired, the identical obligation of guarantee as that of a vendor in regard to the property that the opposite heirs have acquired by the partition.
Article 1169
  • After the partition of the inheritance every inheritor is, in regard to claims acquired by different heirs consequent upon the partition, sure to warrant, in proportion to the share he has acquired, the solvency of the debtor on the time of the partition.
  • The place a declare supplied by the previous Paragraph is topic to a situation precedent or the place the time of efficiency of the duty isn’t but due, every inheritor is sure to warrant the solvency of the debtor on the time when the duty is to be carried out.
Article 1170
  • The place one of many heirs sure for guarantee below the 2 previous Articles is bancrupt and can’t make reimbursement for the quantity he undertakes, the half which he’s unable to reimburse is borne by the inheritor, who has the declare for reimbursement, and the opposite heirs respectively in proportion to the shares they’ve acquired. But when the lack to reimburse was attributable to the fault of the claimant, he’s barred to demand the others to divide up such burden.
Article 1171
  • If after the partition of the deceased’s property, the collectors have consented to the task of the deceased’s compensation legal responsibility to at least one inheritor or to its division among the many heirs, every inheritor is thus launched from their joint legal responsibility.
  • The heirs are launched from their joint legal responsibility on the expiration of 5 years from the time of the partition of the inheritance, or, if the date of efficiency comes after the partition, from that date.
Article 1172
  • If one of many heirs is in money owed with the deceased, the quantity of the debt shall on the time of partition of the inheritance, be deducted from that inheritor’s entitled portion.
Article 1173
  • If one of many heirs has, earlier than the opening of succession, acquired items in property from the deceased for the aim of concluding a wedding, separation from house, or carrying on commerce, the worth of such items shall be added to the inheritable property on the opening of the succession, thus constituting collectively the property of the succession. However this doesn’t apply the place the deceased has made a opposite declaration of intention on the time of giving.
  • The worth of such items as supplied within the previous Paragraph shall, on the time of the partition of inheritance, be deducted from the entitled portion of the inheritor in query.
  • The worth of a present in query shall be calculated as when it was given.

Part 4 – WAIVER OF INHERITANCE (1174-1176)[edit]

Article 1174 (later amended)
Article 1175
  • Waiver of inheritance takes impact retroactively on the opening of the succession.
Article 1176 (later amended)
Article 1176-1 (later added)

Part 5 – UNACKNOWLEDGED SUCCESSION (1177-1185)[edit]

Article 1177 (later amended)
Article 1178 (later amended)
Article 1178-1 (later added)
  • The court docket could, the place it’s not clear whether or not there may be an inheritor upon the opening of the succession, and previous to the appointment of a supervisor for the property of the deceased, undertake mandatory measures to protect the property upon utility of an celebration or a public prosecutor.
Article 1179
  • The capabilities of a supervisor for the property of the deceased are as follows:
  1. To attract up a list of the property of the deceased;
  2. To take such measures as are mandatory for the preservation of the property of the deceased;
  3. To request the court docket to offer public discover in accordance with the process of public summons, fixing a time frame not lower than one yr and ordering the collectors and legatees of the deceased to make inside such interval an announcement of their claims or a declaration as as to whether they’re keen to simply accept the legacies. The place the collectors and legatees of the deceased are already identified to the supervisor, they shall be notified respectively;
  4. To settle claims, and to ship legacies;
  5. At hand over the property in circumstances the place the succession has been acknowledged by an inheritor or the property accrues to the Treasury.
  • The supervisor shall draw up the stock of the deceased’s property supplied in Subparagraph 1 of the previous Paragraph inside three months after coming into workplace. The settlement of claims below Subparagraph Four shall precede the supply of legacies. The place it’s mandatory for settling claims or delivering legacies, the supervisor could promote the deceased’s property with the consent of the household council.
Article 1180
  • The supervisor shall, on the request of the household council, the collectors or legatees of the deceased, make a report on or given an evidence for the deceased’s property.
Article 1181 (later amended)
Article 1182
  • Collectors or legatees of the deceased who fail to make such assertion or declaration as supplied in Subparagraph Three of Paragraph 1 of Article 1179 could train their proper solely upon such a part of the deceased’s property as stays over.
Article 1183 (later amended)
Article 1184
  • The place an inheritor acknowledges the succession inside the interval supplied in Article 1178, the supervisor, in regard to acts finished by him in the midst of performing his capabilities earlier than such acknowledgement by the inheritor, is legally deemed to have been the agent of the inheritor.
Article 1185
  • The place no inheritor acknowledges the succession, on the expiration of the interval supplied in Article 1178, such a part of the property of the deceased as stays over after the settlement of claims and the supply of legacies accrues to the Treasury.

CHAPTER III, WILLS[edit]

Part 1 – GENERAL PROVISIONS (1186-1188)[edit]

Article 1186
  • An individual with out disposing capability could not make a will.
  • An individual restricted in disposing capability could make a will with out first acquiring the approval of his statutory agent. However an individual who has not accomplished his sixteen years of age could not make a will.
Article 1187
  • A testator could freely eliminate his property by a will as far as it doesn’t contravene the provisions in regard to obligatory parts.
Article 1188
  • The provisions of Article 1145 regarding the forfeiture of the proper to inheritance apply to legatees mutatis mutandis.

Part 2 – FORMALITIES (1189-1198)[edit]

Article 1189
  • A will shall be made in one of many following varieties:
  1. A holograph will;
  2. A notarized will;
  3. A sealed will;
  4. A “dictated” will;
  5. An oral will.
Article 1190
  • For making a holograph will, the testator should himself write the entire textual content, stating the yr, month and day and signal it. In case of any insertion, cancellation, erasure or alteration, he should make and signal an extra notice stating the place within the textual content the place phrases have been inserted, erased or altered, and the variety of such phrases.
Article 1191
  • For making a notarized will, the testator should designate no less than two witnesses and make an oral assertion of his testamentary needs earlier than a public notary. The assertion have to be written down, learn over and defined by the general public notary, and, after the testator has given approval, signed by him along with the witnesses and the testator, stating the yr, month and day. In case the testator isn’t in a position to signal his title, the general public notary should state the circumstances and make him affix his fingerprint in lieu of signature.
  • The capabilities of a public notary as supplied within the previous Paragraph could also be exercised by a court docket clerk in a spot the place there is no such thing as a public notary, or by a Chinese language consul when a abroad Chinese language makes a will within the place the place such consul resides.
Article 1192
  • For making a sealed will, the testator should, after signing it, have it securely enveloped, affix a signature throughout the seam of the envelope, designate no less than two witnesses, and declare earlier than a public notary that it’s his will, and, if not written by himself, additionally declare the title and domicile of its draftsman; the general public notary should state on the envelope the date on which the need is introduced and the declaration of the testator, and signal along with the testator and the witnesses.
  • The provisions of Paragraph 2 of the previous Article apply mutatis mutandis to the state of affairs supplied within the previous Paragraph.
Article 1193
  • A sealed will which can be faulty as regards the formalities supplied within the previous Article however is in any other case in compliance with the formalities of a holograph will supplied in Article 1190 has the impact of a holograph will.
Article 1194
  • For making a “dictated” will, the testator should designate no less than three witnesses, make an oral assertion of his testamentary needs, have it written down. learn over and defined by one of many witnesses; after the testator has given his approval, the assertion bearing the yr, month and day, and the title of the draftsman, have to be signed by all of the witnesses and the testator collectively. The place the testator isn’t in a position to signal his title, he should affix his fingerprint in lieu of signature.
Article 1195 (later amended)
Article 1196 (later amended)
Article 1197
  • An oral will have to be introduced up by one of many witnesses or an individual, inside three months after the demise of the testator, for determination by the household council as to its genuineness. The place objections come up relating to the choice of the household council, utility could also be made to the court docket for a judgment.
Article 1198 (later amended)

Part 3 – EFFECTS (1199-1208)[edit]

Article 1199
  • A will takes impact from the time of the demise of the testator.
Article 1200
  • When a legacy supplied in a will is topic to a situation precedent, it takes impact from the time when such situation is fulfilled.
Article 1201
  • If the legatee dies earlier than the need turns into efficient, the legacy doesn’t take impact.
Article 1202
  • If sure property is made the topic of legacy by the testator and, on the time of the opening of the succession, a part of the property doesn’t belong to the property of the deceased, such a part of the legacy is invalid. If the entire property doesn’t belong to the property of the deceased, the entire legacy is invalid. If nonetheless, a particular intention is expressed within the will, such intention is to be adopted.
Article 1203
  • The place the testator has acquired a proper in opposition to a 3rd individual on account of the lose, destruction, harm or synthetic alteration of the substance which varieties the topic of the legacy, or the lack of its possession, such proper is presumed to have been made the topic of the legacy. The identical applies the place, as a result of the substance that varieties the topic of a legacy is joined to or combined with one other factor, the testator has acquired a proper over the composite or combined factor.
Article 1204
  • The place the proper to make use of and to gather fruits from the property of the deceased is made the topic of a legacy, and the time restrict for the restitution [of such property] isn’t supplied within the will nor can it’s decided by the character of the legacy, the time restrict is the lifetime of the legatee.
Article 1205
  • The place the legacy is burdened with an obligation, the legatee is accountable for the efficiency solely to the extent of the profit acquired from the legacy.
Article 1206
  • A legatee could waive a legacy after the demise of the testator.
  • The waiver of a legacy takes impact retroactively as from the time of the demise of the testator.
Article 1207
  • An inheritor or different individual could repair an inexpensive time frame and name upon the legatee to declare inside such interval whether or not or not he accepts the legacy. If no declaration has but taken place upon the expiration of the interval, the legacy is legally deemed to have been accepted.
Article 1208
  • The place a legacy is invalid or waived, the property of the legacy stays a part of the property of the deceased.

Part 4 – EXECUTION (1209-1218)[edit]

Article 1209
  • A testator could by will designate an executor or entrust a 3rd individual to take action.
  • An individual so entrusted should, immediately, designate an executor and notify the inheritor thereof.
Article 1210 (later amended)
Article 1211
  • The place a will has not designated an executor or entrusted one other individual to make the designation, the household council could elect an executor. The place can’t be elected by the household council has did not elect an executor, an celebration could apply to the court docket to designate one.
Article 1211-1 (later added)
Article 1212 (later amended)
Article 1213 (later amended)
Article 1214
  • After an executor comes into workplace, whether it is mandatory to attract up a list of the property associated to the need, he should immediately draw up such a list and ship it to the inheritor.
Article 1215
  • An executor is below an obligation to handle the property of the deceased and to do all acts mandatory for the execution of his responsibility.
  • The executor is deemed to be the agent of the inheritor in regard to acts finished by him in the midst of performing his responsibility as supplied within the previous Paragraph.
Article 1216
  • Whereas an executor is executing his responsibility, an inheritor could not eliminate any property associated to the need, or hinder the executor within the execution of his responsibility.
Article 1217
  • The place there are a number of executors, their duties are carried out in accordance with a majority vote; but when a particular intention is said within the will, such intention needs to be adopted.
Article 1218
  • If an executor neglects his responsibility, or if there be different grave causes, an individual could apply to the household council for the election of one other executor. If the executor in query was designated by a court docket, an utility could also be made to the court docket for the designation of one other.

Part 5 – WITHDRAWAL (1219-1222)[edit]

Article 1219 (later amended)
Article 1220 (later amended)
Article 1221 (later amended)
Article 1222 (later amended)

Part 6 – COMPULSORY PORTIONS (1223-1225)[edit]

Article 1223
  • The obligatory portion of an inheritor is set as follows:
  1. For a lineal descendant by blood, the obligatory portion is one half of his entitled portion;
  2. For a father or mother, the obligatory portion is one half of his entitled portion;
  3. For a partner, the obligatory portion is one half of his entitled portion;
  4. For a brother or a sister, the obligatory portion is one-third of his or her entitled portion;
  5. For a grandparent, the obligatory portion is one-third of his entitled portion.
Article 1224
  • A obligatory portion is set by deducting the quantity of money owed from the property of the succession as reckoned in accordance with Article 1173.
Article 1225
  • An individual entitled to a obligatory portion could have the quantity of the deficit deducted from the property of a legacy, if the quantity of his obligatory portion turns into poor on account of the legacy made by the testator. If there are a number of legatees, deductions have to be made in proportion to the worth of the legacies they severally obtain.
  1. “Civil Code: Legislative Historical past”. Legal guidelines & Rules Database of The Republic of China. Ministry of Justice (Taiwan). 2016-07-15. http://legislation.moj.gov.tw/ENG/LawClass/LawHistory.aspx?PCode=B0000001. Retrieved 2016-08-05. 
  2. “Civil Code Half Ⅴ Succession: Chapter Content material”. Legal guidelines & Rules Database of The Republic of China. Ministry of Justice (Taiwan). 2015-06-10. http://legislation.moj.gov.tw/ENG/LawClass/LawParaDeatil.aspx?Pcode=B0000001&LCNOS=1138%20%20%20&LCC=1. Retrieved 2016-08-05. 

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