The Notification of Action by the Court and the Effect of Final and Binding Judgment on the Third-Party in Civil Procedure: To Resolve the Relevant Disputes in One Litigation under the Perspective of the Procedural Protection for the Third-Party
Date Issued
2016
Date
2016
Author(s)
Chang, Chia-Ju
Abstract
In order to balance the requirements of the procedural protection for the third-party and resolving the relevant disputes in one litigation for civil procedure, “Notification of Action by the Court” (Article 67-1 and Article 254, Paragraph 4) and “Third-Party Opposition Proceeding” (Article 507-1 to 507-5) were added into Taiwan Code of Civil Procedure during the amendments in 2000 and 2003. The former provides for the beforehand protection for the third-party, and the latter provides for the post protection. Through “Notification of Action by the Court”, the civil court may serve a written notice of the action and the phase reached to a third-party who is legally interested in the outcome of such action. By such notification of action, the third-party can have a chance to know that there is an action which may make an effect on his/her legal interests, and can have the option to decide whether and how to participate in the action. No matter whether the third-party who has been noticed actually participates in the action or not, he/she will be bound by the final and binding judgment. This institution of procedural participation for the third-party in Taiwan Code of Civil Procedure is rather unique. This thesis is about the legislative purposes, the construction requisites, and the legal effects of “Notification of Action by the Court”. It also discusses about whether the third-party is noticed or not can make an impact on the possibility to use the “Third-Party Opposition Proceeding” and “Rehearing Proceeding”. This thesis includes six chapters. Chapter 1 is the introduction, which provides the motives, objects and questions of the study. Chapter 2 is about the legislative purposes. Chapter 3 is about the construction requisites and attempts to answer the following questions: Who’s “the legally interested third-party”? How does the court decide whether to notify the third-party or not? How, when, and what does the court notify the third-party? Chapter 4 is about the legal effects of “Notification of Action by the Court”, which focus on how the finial and binding judgment makes an effect on the third-party after the court had notified the third-party. It can be divided into two situations. One is that the third-party has actually intervened in the action, the other is that the third-party chose not to participate in the action in any way. Chapter 5 is about the relevance between “Notification of Action by the Court” and “Third-Party Opposition Proceeding”, and also the relevance between “Notification of Action by the Court” and “Rehearing Proceeding”. Furthermore, it compares “Third-Party Opposition Proceeding” in Taiwan Code of Civil Procedure with the new draft proposed by Japanese scholars of civil procedure law, and suggests that Taiwanese “Third-Party Opposition Proceeding” can provide the third-party more protection. Chapter 6 is the conclusion.
Subjects
Notification of Action by the Court
Legally Interested Third-Party
Effect of Final and Binding Judgment
Procedural Protection
Third-Party Opposition Proceeding
Type
thesis