Annotated Republic of China Laws/Enforcement Law for Part V, Succession Law of the Civil Code/1985


 * Article 1
 * Except otherwise provided by the present Enforcement Act, the provisions of the Part of Succession of the Civil Code do not apply to succession opened before its coming into force; unless otherwise provided for by the present Enforcement Act, the revised provisions do not apply to succession opened before the revision.


 * ../Article 1-1/ (later amended)
 * ../Article 1-2/ (later amended)
 * ../Article 1-3/ (later amended)
 * Article 2
 * If, before the coming into force of the Part of Succession of the Civil Code, extinctive prescription is already completed in accordance with the provisions of the Part of Succession of the Civil Code, or the remainder of the period of prescription is less than one year, the right of claim may be enforced within one year from the date of the coming into force. But this does not apply when the time, reckoning from the completion of the prescription to the coming into force of the Part of Succession of the Civil Code, exceeds a half of the period of prescription as provided in the Part of Succession of the Civil Code.


 * Article 3
 * The provisions of the preceding apply mutatis mutandis to the statutory periods of non-prescriptive nature as provided in the Part of Succession of the Civil Code; but if the statutory period is less than one year and the period is not yet completed before the coming into force of the Part of Succession of the Civil Code, the period is reckoned from the date of its coming into force.


 * Article 4
 * The provisions in effect prior to the revision is still applicable to the period specified in Paragraph 2 of Article 1165 of the CIVIL CODE for will prohibiting partition of the inheritance which came into force before revision of the Part of Succession of the Civil Code, but the remainder shall be shortened to ten years if it is longer than ten years from the date the revision coming into force.


 * Article 5
 * The provisions of Article 1196 of the revised Civil Code apply to oral will in effect prior to the coming into force of the revision of the Part of Succession of the Civil Code if it has been in effect for less than one month before the coming into force of the revision, and the period elapsed shall be added to the period reckoned after the revision.


 * Article 6
 * The provisions of the Part of Succession of the Civil Code, concerning forfeiture of the right to inherit apply also to events winch occurred before the coming into force of the said Part.


 * Article 7
 * In the successions opened after the coming into force of the Part of Succession of the Civil Code, the order of succession and entitled portion of the "sze dzeu" and "szeniu" established before its coming into force are the same as that of a legitimate child.


 * Article 8
 * If the succession opened before the coming into force of the Part of Succession of the Civil Code and if the deceased has no lineal descendant by blood and had also no heir under the law then in force, the heirs are determined, as from the date of the coming into force of the Part of Succession of the Civil Code, in accordance with the provisions of the said Part.


 * Article 9
 * The provisions of the Part of Succession of the Civil Code concerning the rights and duties of the managers of a succession apply from the date of the coming into force of the Part of Succession of the Civil Code to the managers appointed before such coming into force.


 * Article 10
 * The provisions of the Part of Succession of the Civil Code concerning the compulsory portions apply also to wills which were made before the coming into force of the Part of Succession of the Civil Code, but which take effect after such coming into force.


 * ../Article 11/ (later amended)

=Annotated by Wikibooks=

中華民國法律註解/民法繼承編施行法/1985年