Civil Code Article 197
This English translation was last updated on 2021-01-20, but the Chinese text was amended on 2026-08-17. Later amendments may not be reflected in the translation — please refer to the Chinese text.
The claim for the injury arising from a wrongful act shall be extinguished by prescription, if not exercised within two years from the date when the injury and the person bound to make compensation became known to the injured person. The same rule shall be applied if ten years have elapsed from the date when the wrongful act was committed.A person bound to make compensation shall, even after the completion of prescription under the preceding paragraph, return to the injured person in accordance with the provisions concerning Unjust Enrichment whatever he has acquired through a wrongful act and therefore prejudiced to the injured person.
中文原文 民法第197條
因侵權行為所生之損害賠償請求權，自請求權人知有損害及賠償義務人時起，二年間不行使而消滅，自有侵權行為時起，逾十年者亦同。
損害賠償之義務人，因侵權行為受利益，致被害人受損害者，於前項時效完成後，仍應依關於不當得利之規定，返還其所受之利益於被害人。
損害賠償之義務人，因侵權行為受利益，致被害人受損害者，於前項時效完成後，仍應依關於不當得利之規定，返還其所受之利益於被害人。