TAIWAN Law and Practice Contributed by: Yafen Lin, Peng-Kwang Chen, I-Ming Chen and Weiyu Chiang, Formosa Transnational Attorneys at Law
property enforcement, where the amount or value of the subject of enforcement is less than TWD5,000 (USD169), no enforcement costs will be charged by the court; where the enforcement amount or value is above TWD5,000, the enforcement costs charged by the court are 70 cents for every TWD100 (USD0.024). In principle, a compulsory enforcement proceeding should be concluded within two years, as required by internal judicial regulations. Among the various enforcement forms, enforcement by a court order against a debtor’s receivables owed by a third party is relatively efficient because the auction and sale pro - cess can be avoided. There are no post-judgment procedures in Taiwan for determining what assets the defendant holds and where those assets are located. A creditor must pre - sent to the court a list of the debtor’s assets that are subject to compulsory enforcement. Accordingly, the key issue in compulsory enforcement is identifying the debtor’s assets. Measures for obtaining such informa - tion are discussed in 1.1 Options to Identify Another Party’s Asset Position . 2.5 Challenging Enforcement of Domestic Judgments A debtor or an interested party can file a petition with 2.4 Post-Judgment Procedures for Determining Defendants’ Assets or raise an objection to the following matters: • the enforcement order (eg, objecting on the grounds that the enforceable title has not yet been adjudicated/created); • the method of compulsory enforcement performed by the court stenographer or process server; • the procedures that the court stenographer, or process server, must comply with; and • the infringement of a debtor’s or an interested third party’s interests by any other matters. Nonetheless, this petition or objection will not sus - pend an ongoing compulsory enforcement proceed - ing. In addition, a debtor may bring an objection action against the creditor if, after the enforceable title has
been created, an event occurs that extinguishes or prevents the creditor’s claim (eg, where the debtor repays the debt after a final and binding judgment has been rendered). Although merely commencing an objection action will not automatically suspend ongo - ing compulsory enforcement proceedings, the court may, upon the debtor’s application, order a stay of enforcement if circumstances so require and/or upon the provision of adequate security. 2.6 Unenforceable Domestic Judgments As described in 2.1 Types of Domestic Judgments , declaratory and formative judgments are not enforce - able. In addition, an interlocutory ruling rendered dur - ing civil proceedings is not an enforceable title. 2.7 Register of Domestic Judgments There is no central register of all judgments in Taiwan. However, subject to certain exceptions (discussed below), most court judgments are published on the Law and Regulations Retrieving System maintained by the Judicial Yuan. This official online system is pub - licly accessible without login requirements and free of charge. To protect parties’ privacy and interests, certain types of court judgments are not published on the Law and Regulations Retrieving System, including: • juvenile protection and juvenile criminal cases; • sexual assault criminal cases; • domestic violence incidents; • civil proceedings cases involving provision of evi - dence; • civil enforcement cases involving confidentiality; and • cases involving trade secrets owned by the dis - puted party/third party. 3. Foreign Judgments 3.1 Legal Issues Concerning Enforcement of Foreign Judgments Recognition of Foreign Judgments Foreign judgments from other jurisdictions are, in principle, recognisable. However, before initiating compulsory enforcement proceedings on the basis
468 CHAMBERS.COM
Powered by FlippingBook