What is the Non-litigious Matters Act?

What exactly are non-litigious matters? They refer to specialized legal provisions that handle various disputes among the public. Generally speaking, when we hear the phrase "See you in court," it typically involves relying on the Code of Civil Procedure for a judge to make a professional ruling. However, to prevent the overload of court proceedings caused by an excessive number of large and small disputes, the Non-litigious Matters Act was established.

The Non-litigious Matters Act mainly addresses judicial issues between parties where the matters are usually clearer and do not necessarily require a full court trial. Instead, it allows people to resolve issues more efficiently through a neutral third party, providing both sides with more convenient, humane, and comprehensive legal services.

What Are Commercial Non-litigious Matters?

In general, civil commercial cases can be divided into commercial litigation cases and commercial non-litigious matters. The Commercial Case Adjudication Act includes a category for commercial non-litigious matters, with many of its provisions focusing on companies that have publicly issued shares.

Examples of such matters include rulings on the purchase or sale price of shares, appointment of interim managers, designation of inspectors, and dismissal-related cases — all of which fall under this category.

What Are Non-litigious Family Matters? Does Inheritance Count?

There is a saying, "Even an honest judge finds it hard to settle family disputes," mainly because family conflicts often involve multiple perspectives and complex considerations, including issues like divorce, support, and child custody.

To better organize and handle these matters, the Family Affairs Act divides cases into family litigation matters and non-litigious family matters.

The Family Affairs Act further categorizes issues into five major sections: A, B, C, D, and E. Among them, sections D and E pertain to non-litigious matters.

These include detailed issues between spouses (such as cohabitation disputes, property division, and children's surnames), declarations of death, management of missing persons' property, guardianship matters, and specific aspects of inheritance and succession.

How Can I File for a Ruling in a Non-litigious Matter?

The process and fees for filing a non-litigious case vary depending on the type of matter. Except where otherwise stipulated by law, rulings in non-litigious cases are made by a single judge at the court with proper jurisdiction, ensuring fairness and impartiality.

To guarantee equal access to legal rights for all citizens, the costs associated with non-litigious proceedings are set with the principle that "everyone should be able to afford it."

Fee Schedule for Non-litigious Proceedings

Non-litigious cases mainly deal with civil matters, most commonly involving commercial and family issues. Depending on the category, the amount of court fees collected for rulings may vary.

Generally, the court fee for non-litigious matters is a fixed amount, except for commercial non-litigious cases, where the fee adjusts according to the value of the case.

It is important to note that whether it is an appeal or a further appeal, the fee remains consistently set at 1,000 NTD.

Regarding the court fees for commercial non-litigious matters, detailed provisions can be found in Article 13 of the Non-litigious Matters Act.

For petitioners whose cases are unrelated to property matters, the details are provided in Article 14.

Non-litigious matters between spouses are governed by Article 15.

What is the definition of a non-litigious matter? Does my case fall under non-litigious proceedings?

In Taiwan, civil disputes between individuals are generally handled under the Code of Civil Procedure. However, when such disputes become too numerous, relying on court trials for every issue would consume an excessive amount of legal resources. To address this, the Non-litigious Matters Act was later established, aiming to optimize judicial efficiency through effective third-party mediation.

The key characteristic of non-litigious matters is that the legal relationships involved are typically clear and well-defined. Most cases can be resolved through written submissions, eliminating the need for lengthy litigation procedures.

Non-litigious matters are further categorized into civil non-litigious matters, commercial non-litigious matters, registration matters, and family non-litigious matters. Among these, civil and commercial non-litigious matters generally include the following types:

Civil Non-litigious Matters:

• Registration matters
• Property management matters
• Supervision and maintenance of legal entities
• Publication, auction, and document preservation matters
• Guardianship and adoption matters
• Inheritance matters

Commercial Non-litigious Matters:

• Corporate matters
• Maritime matters
• Negotiable instrument matters

In response to the ever-evolving nature of society, the Non-litigious Matters Act has undergone multiple reforms, with more detailed provisions now in place regarding enforcement, support obligations, and inheritance rights.

To better regulate increasingly complex commercial activities, the Commercial Case Adjudication Act, which came into effect this July, also provides a more comprehensive definition of commercial non-litigious matters.

However, despite these well-developed legal frameworks, many members of the public still find it difficult to understand the complex and technical language of the law.

That’s why Yitong Private Investigation Agency offers free professional legal consultations. If you have any questions about your case, don’t hesitate to give us a call!

How is a Negotiable Instrument Case Adjudicated? What is a Promissory Note Ruling?

To understand this issue, we must first clarify what a "promissory note" is. A promissory note is a financial instrument in which one party promises to pay a specific amount of money at a designated time, and the payment must be made unconditionally once the due date arrives.

The term negotiable instrument case refers to all disputes and issues related to "promissory notes." The most common issue is when a promissory note is signed, but the payment is not made. In such cases, the holder of the promissory note can seek enforcement through the local district court of the payment jurisdiction based on the Commercial Non-litigious Matters Act and negotiable instrument laws, thus legally recovering the money owed to them.

A promissory note ruling means that if the other party signed the promissory note but refuses to pay, the holder can request the court to enforce payment. Common enforcement actions include seizing the debtor’s assets for auction or issuing a debt certificate to the enforcement officer, ensuring the debt can be successfully recovered. Therefore, the promissory note ruling is an important step in the legal debt collection process.

What is a Payment Order?

A promissory note ruling is used when someone has signed a promissory note but refuses to pay. On the other hand, a payment order is applicable in any situation where a person owes money and refuses to pay. The creditor can file a lawsuit with the court, demanding that the debtor pay a specified amount of money, equivalent goods, or securities. The court is then required to urge the debtor to make payment within 20 days.

This process is commonly used by collection agencies as a method of debt recovery.