Laws Information

法規資訊
Title: Enforcement Law for Part V,Succession Law of the Civil Code
Am Date: 2013-01-30
Legislative History: Amended Article 1-1, Article 1-2 on January 30, 2013

Transaction

Amendment

Article 1-1
If the succession commenced before December 14, 2007, the effective date of the amended Succession of Civil Code, and has not exceeded the statutory period for asserting waived succession, assertion of waived succession will be subject to the new amended Succession of Civil Code from the effective date of the amendment.
If the succession commences before December 14, 2007, the effective date of the amended Succession of Civil Code, heirs, who lack capacity or possess limited legal capacity at the commencement of the succession, do not limit or waive their succession, after the commencement becomes effective, if continuous performance of the inherited obligations is obviously unfair to the heirs, the heirs are liable for the obligations of the estate only to the extent of the property acquired from the estate.
If heirs, who qualify under the proceeding Paragraph, have satisfied the obligations of the estate prior to the effective date of this amendment, he or she cannot seek refund of payments made.

Article 1-2
If the succession commences before January 4, 2008, the heirs’ obligations to the debts of the estate resulting from a surety contract, which arises after the commencement of the succession, the heirs are liable for the obligations of the estate only to the extent of the property acquired from the estate if continuous performance of the inherited obligations is obviously unfair to the heirs.
If heirs, who qualify under the proceeding Paragraph, have discharged the debts of the estate resulting from a surety contract in pursuance of rules prior to April 22, 2008, the effective date of this amended Regulation, he or she cannot seek refund of payments made.