民法債編施行法

Obligations that arose before the relevant Civil Code provisions took effect are not governed by those provisions, unless this implementation act specially says otherwise.

If an interest rate was agreed before the Civil Code debt chapter took effect, the rule in Article 204 still applies when the rate exceeds 12% per year.

The amended Civil Code Article 205 also applies to interest debts agreed before the amendment took effect, if those debts arise after the amendment takes effect.

This provision says unpaid interest debts that arose before the Civil Code obligations section took effect are calculated under that Code; but if the total unpaid interest at the time of commencement exceeds the principal, it still may not go beyond one-interest-on-principal limits.

The amended Article 213(3) also applies to people who, before the Civil Code obligations amendment took effect, were liable for damages and had to restore the original state.

The amended rule in Civil Code Article 216-1 also applies to debts that arose before the obligations chapter amendment took effect.

在民法債編施行前，原本關於損害賠償責任的相關條文也適用；修正後的第217條第3項，則在債編修正施行前、且被害人的代理人或使用人有過失時適用。

The amended Civil Code Article 227-2 also applies to debts that arose before the amendment to the obligations part took effect.

For debts that arose before the Civil Code obligations chapter took effect, if they are not performed after that point, liability for non-performance follows the Civil Code obligations rules.

The amended Civil Code Article 247-1 also applies to contracts made before the obligations chapter amendment took effect.

Civil Code Articles 250 to 253 also apply to liquidated damages agreed before the Civil Code obligations chapter took effect.

債權人要作成公認證書，並可聲請債務履行地的公證人、警察機關、商業團體或自治機關蓋印簽名。

Some expired or nearly expired claims may be exercised within one year from implementation, subject to an exception.

Article 318 also applies to debts incurred before the Civil Code obligations section took effect; the amended Article 318(2) also applies to debts incurred before the amendment took effect.

Debts that arose before the Civil Code obligations chapter took effect may still be offset under that chapter’s rules.

先前訂有買回契約期限的，原則上依其期限；若剩餘期限比民法第三百八十條更長，則自施行日起改適用該條規定；未定期限的，施行日起不得超過五年。

修正後的民法第四百二十二條之一，也適用於在民法債編修正施行前，已租用基地建築房屋的人。

Old lease contracts are governed by the Civil Code after the new rules take effect.

本條表示，修正後的民法第465條之1，也適用於民法債編修正施行前成立的使用借貸預約。

The amended Civil Code Article 475-1 also applies to consumer loan promises made before the amendment took effect.

The amended Civil Code Article 495(2) also applies to contracting agreements made before the Civil Code obligations amendment took effect.

在拍賣法公布施行前，拍賣可按市價變賣，但需要公證人、警察機關、商業團體或自治機關的證明。

For travel arrangements made before the amended Civil Code took effect, any unfinished part is governed by the amended travel provisions from the amendment’s effective date.

This article sets transitional rules for limitation periods around the amendment: completed periods stay completed; longer pre-amendment periods generally keep the old rule, but if the remaining time counted from the amendment date would be longer, the post-amendment rule applies from that date.

The amended Civil Code Article 618-1 also applies to warehouse receipts that were lost, stolen, or destroyed before the amendment took effect.

修正後的民法第629條之1，也適用於在民法債編修正施行前就已遺失、被盜或滅失的提單。

This provision says the amended Civil Code Article 722 also applies to bad-faith bearer securities holders who obtained the securities before the amendment to the obligations section took effect.

The amended rule in Civil Code Article 739-1 also applies to guarantees made before the amendment took effect.

The amended Civil Code Article 742-1 also applies to guarantees made before the debt-section amendment took effect.

The newly added Section 24-1 rules also apply to personal guarantees made before the Civil Code obligations amendment took effect, except Article 756-2(2).

This provision sets when this implementing law and several related amendments take effect, including one exception where the commencement date is set separately.

前二條的規定，也適用於民法債編中沒有時效性質的法定期間。

修正後的民法第164條，也適用於在民法債編修正施行前成立的懸賞廣告。

修正後的民法第165條第2項，也適用於修正施行前刊登、且有完成期限的廣告。

The amended Civil Code Articles 165-1 to 165-4 also apply to premium reward advertisements created before the Civil Code amendment took effect.

The amended Civil Code Article 187(3) also applies to unlawful infringements of others’ rights committed before the amendment took effect by persons without capacity or with limited capacity.

This provision says the amended Civil Code Article 195 also applies to certain serious unlawful infringements that happened before the obligations code amendment took effect.