2019.2.23
Jonathan Chao
The Judicial Yuan issued the Yuan-Tai-Ting-Min-One-1080005368 Circular of February 23, 2019 (hereinafter, the “Circular”) to interpret matters relating to an application filed by a party or an interest party to the court for a certificate after the end of litigation or a ruling granting the registration of the fact of pending litigation is finally reversed or set aside.
It was first pointed out in this Circular that Article 254, Paragraph 13 of the Taiwan Code of Civil Procedure specifically stipulates that “after a lawsuit is concluded or the ruling as specified in Paragraph 5 is finally reversed or set aside, a party or an interested party may apply to the court for a certificate and present the certificate to the registration agency concerned to apply for removing the registration of the fact of the pending litigation.” The Judicial Yuan previously also promulgated relevant sample drafts for the reference of various courts through the Mi-Tai-Ting-Min-One-1060016345 Circular of June 15, 2017.
It was further pointed out in this Circular that the certificate issued by the court as mentioned above is provided to a party or an interested party so that he/she may present such certificate to the registration agency concerned to apply for removing the registration of the fact of pending litigation. This is different in nature from a certificate confirming a final judgment within the meaning of Article 399 of the Taiwan Code of Civil Procedure. Therefore, when a ruling granting the registration of the fact of pending litigation under Article 254, Paragraph 5 of the Taiwan Code of Civil Procedure is finally reversed or set aside, the court should not only issue a certificate confirming a final judgment but also rapidly issue a certificate separately upon application of a party or an interested party so that he/she may present the certificate to apply for removing the registration of the fact of pending litigation. Therefore, when a party applies for a certificate pursuant to the above requirement on the ground that the original ruling granting the registration of the fact of the pending litigation has been finally reversed or set aside, if the court has issued a certificate confirming a final judgment, the same court shall also issue such certificate. If the court has not issued a certificate confirming a final judgment, the court required to issue such confirmation certificate in accordance with Article 399, Paragraph 2 of the Taiwan Code of Civil Procedure shall also issue such certificate.