Enforcement Act of the Code of Civil Procedure

Link to law: http://law.moj.gov.tw/ENG/LawClass/LawAll.aspx?PCode=B0010002

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Article 1


The Amended Code referred to in this Act refers to the Code of Civil Procedure and the subsequent amendments promulgated and coming into force after the amendment of January 9, 1968. The Previous Code referred to herein refers to the Code of Civil Procedure effective prior to the coming into force of the Amended Code of Civil Procedure and other laws with regard to civil procedure.


Article 2


Except as otherwise provided in this Act, the Amended Code shall govern all matters that occurred prior to its coming into force, provided that no effect operative under the Previous Code shall be affected.


Article 3


The regulations governing service of litigation papers by postal service institutions shall be prescribed jointly by the Judicial Yuan and the Executive Yuan.


Article 4


In actions initiated prior to the coming into force of the Amended Code, the court which has jurisdiction by operation of the Amended Code or the Previous Code shall have jurisdiction over such action.


Article 4-1


In actions initiated prior to the coming into force of the provisions governing summary proceeding and a Small-Claim Proceedings as provided in the Amended Code, the jurisdiction of the court and the adjudicating proceeding conducted by such court shall be governed as follows:
1.By the new Code, where the district court has not entered a final judgment;
2.By the Previous Code, where the district court has entered a final judgment.


Article 4-2


The pre-amendment provisions relevant to Article 447 of the Amended Code shall continue to apply to actions which were, in accordance with the provision of the second paragraph of Article 12 of this Act as amended and promulgated, already pending in the second instance prior to the coming into force of the provisions of the said article as provided in the Amended Code, and until the second instance proceeding of such actions is concluded.


Article 4-3


The pre-amendment provisions relevant to Article 469-1 and Article 470 of the Amended Code shall continue to apply to actions on which, in accordance with the provision of the second paragraph of Article 12 of this Act as amended and promulgated, the court of second instance has entered a judgment prior to the coming into force of the provisions of the said articles as provided in the Amended Code.


Article 4-4


Where the payment order is finalized after the promulgation and enforcement of the Demand Proceeding Part of the Taiwan Code of Civil Procedure in accordance with the sixth paragraph of Article 12 of this Act, the amended Code shall apply.
Where the payment order is finalized before the promulgation and enforcement of the Demand Proceeding Part of the Taiwan Code of Civil Procedure in accordance with the sixth paragraphof Article 12of this Act, the debtor may still initiate a rehearing action in accordance with the second paragraph of Article 521 of the pre-amended Taiwan Code of Civil Procedure.
In cases as provided in the preceding paragraph, where the debtor finds that the evidence provided by the creditor in accordance with the Demand Proceeding is forged or altered, or where the debtor provides evidence that may gain a more favorable judgment, the debtor may still initiate a rehearing action with the court that has jurisdiction over the payment order, and the original application for issuance of a payment order shall be deemed as the initiation of an action.
The rehearing action referred to in the preceding paragraph shall be initiated within two years after the promulgation and enforcement of the Demand Proceeding Part of the Taiwan Code of Civil Procedure in accordance with the sixth paragraphofArticle 12 of this Act, and shall not be subject to the provisions of Article 500 of the same code. The said action may be initiated after the promulgation and enforcement of this Act, and within two years after a person, who has limited legal capacity, or is legally incompetent, comes to adulthood.
The provisions of the preceding two paragraphs shall not apply to the debt that the debtor has already paid.


Article 5


Where the Amended Code has provided a new period of time for a relevant act of litigation to be conducted, and such act must be conducted upon the coming into force of the Amended Code, such newly provided period shall start to run from the day when the Amended Code comes into force. Notwithstanding, in cases where the presiding judge has designated a time period by a ruling in accordance with the provisions of the Previous Code, and such period has started to run prior to the coming into force of the Amended Code, such period shall prevail.


Article 6


In cases where a period fixed by the applicable law in accordance with the provisions of the Previous Code prior to the coming into force of the Amended Code has started to run, such period shall be governed by the Previous Code.


Article 7


The interruption, suspension, and cessation of litigation proceeding as referred to prior to the coming into force of the Amended Code shall mean respectively automatic stay, stay by a ruling, and stay by consent provided in the Code.


Article 7-1


(Repealed.)


Article 8


Where the amount provided in Article 466 is increased after the Amended Code has come into force, an appeal may still be taken from a judgment entered prior to the coming into force of the Amended Code if such appeal is permitted under the laws and regulations in effect prior to such increase.


Article 9


In cases where an appellant has an attorney acting as his/her advocate, or the indications of the pleadings show that he/she is clearly aware of the existence of a defect in the required preconditions for appeal, the court may disregard the rectification proceeding provided in the second paragraph of Article 442 and the proviso of the first paragraph of Article 444 of the Code.


Article 10


The Judicial Yuan shall, taking the actual circumstances into consideration, determine the jurisdictional boundaries of the court as provided in Article 162 of the Code.


Article 11


In cases where a rehearing action or an action to revoke a judgment of abridgement of rights is prevented by war from being initiated within five years, the provisions of the third paragraph of Article 500 and the third paragraph of Article 552 do not apply.


Article 12


This Act shall come into effect from the day when the Amended Code comes into effect.
The date for the Amended Code of January 14, 2003 to come into effect shall be determined by the Judicial Yuan.
The date for the Amended Code of June 6, 2003 to come into effect shall be determined by the Judicial Yuan.
The Taiwan Code of Civil Procedure, amended on June 12 2009, shall come into effect on November 23, 2009, except for the amendments of Article 583, Article 585, Article 589, Article 589-1, Article 590, and the amendment of Article 590-1, which shall come into effect on the date of the enforcement.
The Taiwan Code of Civil Procedure, amended on April 16, 2013, shall come into effect on the date of promulgation.
The Taiwan Code of Civil Procedure, amended on June 15, 2015, shall come into effect on the date of promulgation.