法規沿革(Legislative): |
PART Ⅰ General Principles Promulgated on May 23, 1929 Effective from October 10, 1929 As Amended on January 4, 1982 and effective on January 1, 1983 Amended on May 23,2008 Amended on June 10, 2015 Amended on June 19,2019 Amended on January 13,2021
PART Ⅱ Obligations Promulgated on November 22, 1929 Effective from May 5, 1930 Amended on April 21, 1999 As amended on April 26, 2000 Amended on December 30, 2009 As amended on May 26, 2010 Amended on January 20,2021
PART Ⅲ Rights In Rem Promulgated on November 30, 1929 Effective from May 5, 1930 As amended on January 16, 1995 As amended on March 28, 2007 As amended on January 23, 2009 Effective from July 23, 2009 As amended on February 3, 2010 Amendments to Article 805 and Article 805-1 of Civil Code Promulgated on June 13, 2012
PART Ⅳ Family Promulgated on December 26, 1930 Effective from May 5, 1931 Amended on June 3, 1985 Amended on September 25, 1996 Amended on June 17, 1998 Amended on April 21, 1999 Amended on January 19, 2000 As amended on June 26, 2002 As amended on May 23, 2007 Amended on January 9, 2008 Amended on May 23,2008 Amended on April 29, 2009 Amended on December 30, 2009 Amended on January 27, 2010 Amended on May 19, 2010 Amended on December 26, 2012 Amended on December 11, 2013 Amended on January 29, 2014 Amended on January 14, 2015 Amended on April 24, 2019 Amended on June 19,2019 Amended on January 13,2021 Amended on January 20,2021
PART Ⅴ Succession Promulgated on December 26, 1930 Effective from May 5, 1931 Amended on June 3, 1985 Amended on January 2, 2008 Amended on June 10, 2009 As amended on December 30, 2009 Amended on January 29, 2014 Amended on January 14, 2015
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法規內文(Content): |
Article 1030-1 Upon dissolution of the statutory marital property regime, the remainder of the property acquired by the husband or wife in marriage, after deducting the debts incurred during the continuance of the marriage relationship, if any, shall be equally distributed
to the husband and the wife, except property listed as follows: (1) Property acquired from succession or as a gift; (2) Solatium. The court may adjust or waive the share of distribution provided that equal distribution is unfair when one party of the husband and the wife offers no contribution nor collaboration to the marital life or when other conditions are met. When making the decision of the preceding paragraph, the court shall consider synthetically the factors such as household labor, caring and nurturing of the child, the collaboration of contribution to the family, the length of time of living together or separately,
the time of receiving the property acquired in marriage or each party’s economic ability. The claim in the first paragraph shall not be assigned to others or be passed to heirs, unless it has been acknowledged by a contract or unless a legal action has been commenced. The right to claim for distribution of the remainder of the property in the first paragraph shall be extinguished if not exercised within two years from the time where the claimant has known that there is such a remainder; or if five years have elapsed since
the dissolution of the statutory marital property regime.
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