SELECT content FROM law_ref_lang_word WHERE word_id=254 AND lang_id=3 FirstLaw 第一國際法律事務所
【Non-action litigation】
  • Applicable Law                                                                                                                     

                    ◎ 《The Provisions of the Supreme People's Court on the People's Courts' Recognition of Civil
                             Judgments of the Relevant Courts of the Taiwan Region》

                    ◎ 《Supplementary Provisionsof the Supreme People's Courton the People's Courts' Recognition
                             ofCivil Judgmentsof the Relevant Courts of the Taiwan Region》

  • Efficacy                                                                                                                                 

                    ◎  A civil judgment of a relevant court of the Taiwan Region which is recognized upon a ruling
                          of the people's court shall be of equal effect as an effective judgment of  the people's court.

                    ◎  If the applicant files an enforcement application with the people's court based on the ruling,
                          the people's court shall accept the application.

                    ◎  Upon accepting the application for the recognition of the verdict made by a court in Taiwan,
                          the People's Court shall not accept any suit brought against the same case.

                    ◎  The People's Court shall accept a suit brought against a civil case which has had a verdict
                          that though is actually made by a court in Taiwan but has not been applied to the People's
                          Court for recognition.

                    ◎  Upon a denial by the People's Court for recognition upon application, a verdict on a civil 
                          case made by a court in Taiwan may not be applied again for recognition. However, a suit
                          on the same case may be brought to the People's Court.

                    ◎  For a suit on civil case having been sent to the People's Court for a verdict, where as one of
                          the parties applies for recognition of a verdict made by a court in Taiwan on the case, the
                          People's Court shall temporarily terminate the suit for an examination on the application. And
                          whereas a recognition is found justified after
the examination, a recognition to the verdict
                          concerned shall be given and at the same time the corresponding suit shall be closed. However,
                          whereas to give a recognition that is found unjustified, the corresponding suit shall be opened again.

  • Scope of Accepting Cases                                                                                                    

                    ◎  The civil judgments of the relevant courts of the Taiwan Region to be recognized upon
                          application shall include the judgments for cases of commercial, intellectual property, maritime
                          and other civil disputes.

   ◎  The applications for the recognition of civil rulings, conciliation records and payment orders
                          made by the relevant courts of the Taiwan Region as well as awards made by the arbitral
                          institutions of the Taiwan Region.

  • Applicant                                                                                                                                

                    Those persons and parties whose permanent domicile, habitual residence, or involved properties
                    are in other provinces, autonomous regions or municipalities other than Taiwan can apply for
                    recognition of verdicts made by courts in Taiwan on civil cases from the People's Court on the
                    basis of this set of regulations.

  • Competent Court                                                                                                                  

                    A particular intermediate People's Court accepts and hears applications of related persons and
                    parties whose domiciles, habitual residences or involved properties are located in the same place
                    of the intermediate People's Court concerned.

  • Preservation of Property                                                                                                     

                    ◎  The applicants shall apply for Property Preservation upon submitting the applications for the
                          recognition of civil judgments made by courts of Taiwan or after the case being accepted
                          and before People's Court's making a ruling.

                    ◎  When the applicant applies for Property Preservation, they should provide valid guarantee 
                          to the People's Court of mainland. If the applicant fails to do soor the guarantee can't meet
                          the requirements, theapplicationshall be rejected.

  • Conditions Shall Not Be Recognized                                                                                  

                    The verdicts on civil cases made byTaiwan courts that have any of the following conditions shall
                    not be recognized:

                    ◎  The effectiveness of the verdicts on civil cases involved in the application has not yet been verified;

                    ◎  The civil verdict has been made in the lack of presence of legal subpoena to the defendant,
                          or under impotence of defendant in legal acts both in person and in commission;

                    ◎  The civil case falls under the total jurisdiction of the People's Court;

                    ◎  The parties in the civil action have entered into arbitration agreement previously;

                    ◎  The case has had a ruling from the People's Court, a verdict from foreign or overseas regional
                          court or an arbitration from an overseas arbitral organ which is recognized by the People's Court;

                    ◎  The civil case applied for recognition goes against the basic principles of national laws and
                          regulations, or inflict harms to social and public interests.

  • Deadline of the Application for Recognition                                                                      

                    ◎  The application for recognition of a verdict on a civil case made by a court in Taiwan should
                          be made twoyearsafter the verdict takes effect.

                    ◎  The People's Court of mainland should conclude the application within 6 months after
                          accepting it fromthe applicants.

                    ◎  Whereas a recognized verdict made by a court in Taiwan on a civil case has to be enforced,
                          the enforcement shall be proceeded in accordance withthe regulated procedures.

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