Civil Code Article 259

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.

Unless otherwise provided by the act or by the contract, each party shall, in case of rescission, restore the other party to his status quo ante according to the following rules:(1) Each party shall return the prestation received to the other party.(2) If the prestation received consisted of money, interest calculated from the time of receipt shall be added.(3) If the prestation received consisted of service or of the use of a thing, the value of such service or use at the time of receipt shall be reimbursed in money.(4) If a thing to be returned has produced profits, such profits shall be returned.(5) If necessary or beneficial expenses of the thing to be returned have been paid, such expenses may be claimed for to the extent to which the other party is benefited at the time of return.(6) If a thing to be returned has been damaged or destroyed or cannot be retuned owing to any other cause, its value shall be reimbursed.
中文原文 民法第259條
契約解除時,當事人雙方回復原狀之義務,除法律另有規定或契約另有訂定外,依左列之規定:
一、由他方所受領之給付物,應返還之。
二、受領之給付為金錢者,應附加自受領時起之利息償還之。
三、受領之給付為勞務或為物之使用者,應照受領時之價額,以金錢償還之。
四、受領之給付物生有孳息者,應返還之。
五、就返還之物,已支出必要或有益之費用,得於他方受返還時所得利益之限度內,請求其返還。
六、應返還之物有毀損、滅失或因其他事由,致不能返還者,應償還其價額。

English translation for reference only; the Chinese text prevails. Not legal advice.