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TAIWAN CIVIL CODE
Chapter II Marriage |
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Section
1 Betrothal |
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Article 972 |
An
agreement to marry shall be made by the male and the
female parties in their own [con]cord.
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Article 973 |
A
male who has not reached his seventeenth year of age and
a female her fifteenth [ma]y not make an agreement to
marry. |
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Article 974 |
Where a minor makes an agreement to marry, he shall
obtain the consent of his statutory agent in advance.
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Article 975 |
No
demand shall be made to force the performance of an
agreement to marry.
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Article 976 |
Where one of the betrothed parties is found in one of
the following conditions, the [other] party may dissolve
the agreement to marry:
(1) Where, having made an agreement to marry, the party
made another agreement to marry or concluded a marriage
with another person;
(2) Where the party willfully fails to observe the
appointed date of marriage;
(3) Where the party's life has been uncertain for over a
year;
(4) Where the party gets a serious and incurable
disease;
(5) Where the party gets a venereal or other loathsome
disease;
(6) Where, having made the agreement to marry, the party
becomes permanently disabled;
(7) Where, having made the agreement to marry, the party
had sexual intercourse with a third person;
(8) Where, having made the agreement to marry, the party
was sentenced to imprisonment;
(9) Where other grave reasons exist.
In the case where a person intends to dissolve an
agreement to marry according to the provisions of the
preceding paragraph, and if the circumstances do not
allowed him to declare such intention to the other
party, it is not necessary for him to do so, and he is
no longer bound by the agreement since the conditions
described in the preceding paragraph have occurred.
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Article 977 |
Where an agreement to marry has been dissolved in
accordance with the provisions of the preceding article,
the innocent party may claim compensation from the other
party who is at fault for damage thus sustained.
In the case provided in the preceding paragraph, the
injured party may still claim an equitable compensation
in money for a non-pecuniary loss.
The right to claim in the preceding paragraph shall not
be assigned to others or be passed to heirs, unless it
has been acknowledged by a contract or unless an action
has been commenced.
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Article 978 |
One party to an agreement to marry, who breaks it
without any of the grounds provided in Article 976,
shall be liable to compensate the other party for any
damage thus sustained.
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Article 979 |
In
the case provided in the preceding article, the injured
party may still claim an equitable compensation in money
for a non-pecuniary loss, provide that he is not at
fault.
The claim in the preceding paragraph shall not be
assigned to others or be passed to heirs, unless it has
been acknowledged by a contract or unless an action has
been commenced.
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Article 979- 1 |
One party may claim the other party for returning gift
presented for betrothal when the agreement to marry is
null and void, or dissolved, or annulled.
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Article 979- 2 |
The claim pursuant to the provisions in Article 977
through Article 979-1 shall be extinguished if it is not
exercised within two years.
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Section
2 Conclusion
of Marriage |
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Article 980 |
A
man who has not completed his eighteenth year of age and
a woman her sixteenth may not conclude a marriage.
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Article 981 |
A
minor must have the consent of his statutory agent for
concluding a marriage.
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Article 982 |
A
marriage must be celebrated by open ceremony and in the
presence of two or more witnesses.
Persons who have registered for marriage in accordance
with the Household Registration Act shall be presumed as
married. |
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Article 983 |
A
person may not marry any of the following relatives:
(1) A lineal relative by blood or by marriage;
(2) A collateral relative by blood is within the sixth
degree of relationship. The limit to marriage shall not
be applicable to persons of lineal relative within the
fourth degree of relationship and collateral relative
within the sixth degree of relationship by adoption.
(3) A collateral relative by marriage is within the
fifth degree of relationship of a different rank.
The marriage prohibitions between relatives by marriage
provided in the preceding paragraph shall continue to
apply even after the dissolution of the marriage which
has created the relationship.
The limit to marriage with the lineal relative by blood
or by marriage set forth in the first paragraph hereof
shall be applicable to persons of lineal relative by
adoption after ending of the adoption relationship.
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Article 984 |
A
guardian may not marry his ward during the continuance
of guardianship, unless consent of the ward's parents
has been obtained.
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Article 985 |
A
person who has a spouse may not contract another
marriage.
A person shall not marry with two or more persons
simultaneously.
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Article 986 |
（Repealed）
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Article 987 |
（Repealed）
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Article 988 |
A
marriage is void in any of the following cases:
(1) Where it dose not conform to the form provided by
Article 982.
(2) Where it violates the marriage prohibition as
provided in Article 983 or Article 985.
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Article 989 |
Where a marriage is concluded contrary to the provision
of Article 980, the party concerned or his statutory
agent may apply to the court for its annulment; but such
application may not be made, where the party concerned
has attained the age specified in the said article or
where the woman has become pregnant.
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Article 990 |
Where a marriage is concluded contrary to the provision
of Article 981, the statutory agent may apply to the
court for its annulment; but such application may not be
made where six months have elapsed after the discovery
of the fact or one year has elapsed after the conclusion
of the marriage, or where the woman has become pregnant.
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Article 991 |
Where a marriage is concluded contrary to the provision
of Article 984, the ward or his nearest relative may
apply to the court for its annulment; but such
application may not be made where one year has elapsed
after the conclusion of the marriage.
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Article 999- 1 |
The provisions in Article 1057 and Article 1058 shall be
applicable mutatis mutandis to invalid marriage.
The provisions in Article 1055, Article 1055-1, Article
1055-2, Article 1057 and Article 1058 shall be
applicable mutatis mutandis to annulled marriage.
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Section
3 Efficacy
of Marriage |
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Article 1000 |
The husband and the wife should keep his or her own
surname. Unless one party shall prefix to his or her
surname that of the spouse in writing at the household
administration authority.
The party who prefixed to his or her surname that of the
spouse shall return to his or her own surname. But only
one time for change during the continuance of the
marriage relationship.
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Article 1001 |
The husband and the wife are under mutual obligation to
cohabit, unless for a good cause they cannot live
together.
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Article 1002 |
The domicile of the husband and the wife shall be agreed
by mutual agreement; if it has not been agreed or can
not be agreed, it may depend on the court by
application.
Before the ruling of the court, it will be presumed the
common household domicile as the domicile of the husband
and the wife.
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Article 1003 |
In
daily household matters, the husband and the wife act as
agents for each other.
Where one of the parties abuses the aforesaid right of
agency, the other party may restrict it, but such
restriction cannot be set up against any bona fide third
party. |
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Article 1003- 1 |
The payment for living expenses of the household will be
shared by the husband and the wife according to each
party's economical ability, household labor or other
conditions unless otherwise provided for by law or
mutual agreement.
The husband and the wife will be jointly liable for
debts incurred by the expenses of the preceding
paragraph.
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Subsection 1 GENERAL PROVISIONS |
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Article 1004 |
The husband and the wife may, before or after getting
married, adopt by contract one of the contractual
regimes provided by this Code as their matrimonial
property regime.
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Article 1005 |
Where the husband and the wife have not contracted the
holding of matrimonial property, unless otherwise
provided by this Code, the statutory regime shall be
applied. |
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Article 1006 |
（Repealed）
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Article 1007 |
The conclusion, modification or termination of a
contract for the holding of matrimonial property must be
done in writing.
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Article 1008 |
The conclusion, modification or termination of a
contract for the holding of matrimonial property may not
be a valid defense against any third party unless it has
been registered.
Registration provided in the preceding paragraph will
not affect any other registration of the property right
according to the other law.
Registration provided in the first paragraph shall be
regulated by a particular law.
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Article 1008- 1 |
The provisions in the preceding two articles shall be
applicable mutatis mutandis to other agreements
pertaining to matrimonial property.
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Article 1009 |
Where either the husband or the wife is declared
bankrupt, the separation of property regime shall be
applied. |
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Article 1010 |
Either the husband or the wife is in any of the
following circumstances, the court may, at the instance
of the other party, order the application of the
separation of property regime:
(1) Where liable for the living expenses of the
household but failed to provide such;
(2) Where either the husband or the wife is in a state
of insolvent;
(3) Where according to the law, the disposition of
property requires the consent of the other party, but
such consent is refused without a good cause;
(4) Where one party who is entitled to manage has
obviously managed the common property improperly, and
failed to make any improvement thereon by request of the
other;
(5) Where one party improperly reduced his own property
acquired in marriage and this may endanger the other's
right to claim for distribution of the remainder [of the
property];
(6) Where any other gross event has occurred.
Where the husband and the wife are both in a state of
insolvent, or where they could hardly maintained their
common living, and have not lived together for more than
six months, provisions in the preceding paragraph will
be applicable to both of them.
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Article 1011 |
Where a creditor could not be satisfied in the
attachment of the property of either the husband or the
wife, the court may, at the instance of the creditor,
order the application of the separation of property
regime. |
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Article 1012 |
During the continuance of the marriage, the husband and
the wife may, by contract, terminate their contract for
the holding of property, or adopt any other contractual
regime. |
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Article 1013 |
（Repealed）
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Article 1014 |
（Repealed）
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Article 1015 |
（Repealed）
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Subsection 2 Statutory Regimes |
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Article 1016 |
（Repealed）
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Article 1017 |
The property of either the husband or the wife shall be
divided into the property acquired before marriage and
the property acquired in marriage, and shall be owned
respectively. If the property could not be proven to be
the property acquired before marriage or in marriage, it
shall be presumed as the property acquired in marriage;
it the property could not be proven to be owned by the
husband or the wife, it shall be presumed as owned by
the husband and the wife jointly.
The remains of fruits gained from the property acquired
either by the husband or the wife before marriage during
the continuance of the marriage relationship shall be
deemed as the property acquired in marriage.
If the husband and the wife have contracted the holding
of matrimonial property, and then adopted the statutory
regime, the property before the adoption shall be deemed
as the property acquired before marriage.
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Article 1018 |
The husband or the wife would manage, use, collect
fruits from, and dispose his or her own property
respectively.
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Article 1018- 1 |
With the exception of the living expenses of the
household, the husband and the wife may contract a
certain amount of money paid by one for the other's free
disposition.
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Article 1019 |
（Repealed）
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Article 1020 |
（Repealed）
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Article 1020- 1 |
Where the husband or the wife's gratuitous act on his or
her property acquired in marriage during the continuance
of the marriage relationship endangers the other's right
to claim for distribution of the remainder [of the
property] upon the termination of the relationship over
the statutory regime, the other may apply to the court
for its annulment, except it was a proper gift for
performing a moral obligation.
Where the husband or the wife's non-gratuitous act on
his or her property acquired in marriage during the
continuance of the marriage relationship endangers the
other's right to claim for distribution of the remainder
[of the property] upon the termination of the
relationship over the statutory regime, the other may
apply to the court for its annulment only if it was done
with knowledge of the endangerment and the beneficiary
knew this upon the receipt of the benefit as well.
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Article 1020- 2 |
The claim for annulment provided in the preceding
paragraph shall be extinguished if it is not exercised
within six months from the time when the husband or the
wife has known the reason for annulment, or if one year
has elapsed from the time when the act has been
committed.
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Article 1021 |
（Repealed）
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Article 1022 |
The husband or the wife is under an mutual obligation to
inform the other of the condition of his or her property
acquired in marriage.
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Article 1023 |
The husband or the wife is respectively liable for his
or her own debts.
When the husband or the wife discharges the other's
debts with his or her own property, even if it is during
the continuance of the marriage relationship, he or she
may claim for payback.
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Article 1024 |
（Repealed）
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Article 1025 |
（Repealed）
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Article 1026 |
（Repealed）
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Article 1027 |
（Repealed）
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Article 1028 |
（Repealed）
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Article 1029 |
（Repealed）
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Article 1030 |
（Repealed）
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Article 1030- 1 |
Upon termination of the relationship over the statutory
regime, the remainder of the property acquired by the
husband or the wife in marriage, after deduction of
debts incurred during the continuance of the marriage
relationship, if any, shall be equally distributed to
the husband and the wife, except the property acquired
from:
(1) Succession or a gift;
(2) Solatium.
The court shall adjust or release the share of
distribution provided that equal distribution referred
to in the preceding paragraph is obviously unfair.
The right to claim provided in the first paragraph shall
not be assigned to others or be passed to heirs, unless
it has been acknowledged by a contract or an action has
been commenced.
The right to claim for distribution of the remainder [of
the property] referred to in the first paragraph shall
be extinguished if it is not exercised within two years
from the time when the claimant has known that there is
such a remainder, or if five years has elapsed from the
termination of the relationship over the statutory
regime. |
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Article 1030- 2 |
If
the husband or the wife discharged his or her debts
incurred before marriage with his or her property
acquired in marriage, or if discharged his or her debts
incurred during the continuance of the marriage
relationship with his or her property acquired before
marriage, unless this property has been made up, it
shall be counted into the remainder of the property
acquired in marriage or the debts incurred during the
continuance of the marriage relationship upon the
termination of the relationship over the statutory
regime.
If the husband or the wife discharged his or her debts
with his or her property described as the exception in
the first paragraph of the preceding article, the
provisions provided in the preceding paragraph shall be
applied. |
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Article 1030- 3 |
If
the husband or the wife, in order to reduce the other's
share of distribution of the remainder [of the
property], disposed his or her property acquired in
marriage within five years before the termination of the
relationship over the statutory regime, this property
shall be counted into, and deemed as the remainder of
the property acquired in marriage, except the
disposition was a proper gift for performing a moral
obligation.
In the preceding paragraph, where one who is obligated
to pay the share of distribution [of the remainder of
the property] could not pay off those the other is
entitled to receive, the one who is entitled to receive
may claim to the third party for restituting the
shortness of the share to the extent that the third
party is benefited; however if the third party is not
gratuitously benefited, the claim for restituting [the
shortness of the share] may be made only if the third
party is benefited from an obviously uneven payment.
The claim to the third party provided in the preceding
paragraph shall be extinguished if it is not exercised
within two years from the time when the claimant has
known the infringement of distribution right [of the
remainder of the property], or if it has elapsed five
years from the termination of the relationship over the
statutory regime.
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Article 1030- 4 |
The value of the remainder of the property by the
husband or the wife acquired in marriage shall be
counted at the termination of the relationship over the
statutory regime; however if the relationship is
terminated by a juridical decree of divorce, it shall be
count at the commencement of the action.
The value of the property counted into the remainder of
the property acquired in marriage referred to in the
preceding article shall be counted at the time of the
disposition.
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Subsection 3 Contractual Regimes |
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Item
1 Community of Property |
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Article 1031 |
With the exception of separate property, all the
property and income of the husband and the wife
constitute common property to be owned by them in
common. |
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Article 1031- 1 |
The following constitutes the separate property:
(1) Articles which are exclusively intended for the
personal use of the husband or the wife;
(2) Articles which are essential to the occupation of
the husband or the wife;
(3) Gifts acquired by the husband or the wife which the
donor has designated in writing to be the separate
property.
The separate property provided in the preceding
paragraph is governed by the provisions concerning the
separation of property regime.
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Article 1032 |
The husband and the wife manage the common property
jointly except it has been agreed by the party who is
entitled to manage.
The cost of management is borne out of the common
property.
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Article 1033 |
Either the husband or the wife must have the consent of
the other for disposing of the common property.
The absence of such consent cannot be set up against a
third party, unless he knew or had the means of knowing
its absence, or unless the property in question could
have, under the circumstances, been regarded as part of
the common property.
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Article 1034 |
Debts incurred by the husband or the wife before or
during the continuance of the marriage relationship,
should be chargeable to the common property and should
be respectively liable to the extent of the separate
property.
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Article 1035 |
（Repealed）
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Article 1036 |
（Repealed）
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Article 1037 |
（Repealed）
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Article 1038 |
Debts payable out of the common property, where have
been paid out of the common property, no claim for
compensation will arise.
Debts payable out of the common property, where have
been paid out of the separate property, or debts payable
out of the separate property, where have been paid out
of the common property, the claim for compensation shall
arise and can be made even during the continuance of the
marriage relationship.
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Article 1039 |
Upon the death of one of the husband and the wife, half
the common property shall pass to the heir of the
deceased and the other half shall devolve on the
surviving party.
In the case of the division of property mentioned in the
preceding paragraph, where some other agreement exists
as to the amounts, such agreement shall be followed.
In the case provided in the first paragraph, where the
surviving party is by law unable to inherit, he may not
claim a greater portion of the common property than he
would get in the case of divorce.
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Article 1040 |
On
the dissolution of the community of property regime,
each of the husband and the wife gets back the property
of contracting for the holding of matrimonial property,
unless otherwise provided for by law.
The common property was caused during the continuance of
the community of property regime, each of the husband
and the wife acquires a half of the property, unless
otherwise provided for by contract.
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Article 1041 |
The husband and the wife may agree by contract that the
common property shall consist only of labor income.
Labor income as specified in the first paragraph
comprises earnings from salary, wage, shares, bonus and
the other related income acquired by the husband and the
wife during the continuance of marriage relationship, as
well as the interests and substitute profits of the
labor income.
The property could not be proven as the labor income or
the other property rather than labor income, will be
presumed as labor income.
The property rather than the earnings of the husband or
the wife is governed by the provisions concerning the
separation of property regime.
The provisions in Article 1034, Article 1038 and Article
1040 shall be applicable mutatis mutandis to the first
paragraph.
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Item
2
（Repealed） |
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Article 1042 |
（Repealed）
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Article 1043 |
（Repealed）
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Item
3 Separation of Property Regime |
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Article 1044
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In the
separation of property regime, the husband and the wife
each retains the ownership, and each party manages,
uses, collects fruits from and disposes his or her own
property respectively.
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Article 1045
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（Repealed）
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Article 1046
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The
liability of debts incurred by the husband or the wife
in the separation of property regime shall apply the
provisions in Article 1023.
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Article 1047
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（Repealed）
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Article 1048
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（Repealed）
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