Civil Code Article 988-1

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.

In the circumstance pursuant to the third paragraph of the preceding provision, the previous marriage is dissolved on the date that the later marriage is formed.The effect that the previous marriage is deemed as dissolved applies mutatis mutandis to the effect of divorce, unless otherwise provided for by law. However the remainder of the property is disposed of as distributed or agreed. No claim shall arise otherwise.Where the previous marriage is deemed as dissolved pursuant to the first paragraph, the right to claim for distribution of the remainder [of the property] shall be extinguished if it is not exercised within two years from the time when the claimant has known that there is such a remainder [of the property], or if five years has elapsed from the revocation of divorce agreement or the reverse of the divorce judgment being finalized.Where the previous marriage is deemed as dissolved pursuant to the first paragraph, the non-fault spouse in the previous marriage has the right to compensation against the other spouse.Under the condition provided in the preceding paragraph, the spouse in the previous marriage may claim equitable compensation for a non-pecuniary loss.The claim provided in the preceding paragraph shall not be assigned to others or passed to heirs, except if it has been acknowledged by a contract or an action has been commenced.
中文原文 民法第988-1條
前條第三款但書之情形,前婚姻自後婚姻成立之日起視為消滅。
前婚姻視為消滅之效力,除法律另有規定外,準用離婚之效力。
但剩餘財產已為分配或協議者,仍依原分配或協議定之,不得另行主張。
依第一項規定前婚姻視為消滅者,其剩餘財產差額之分配請求權,自請求權人知有剩餘財產之差額時起,二年間不行使而消滅。
自撤銷兩願離婚登記或廢棄離婚判決確定時起,逾五年者,亦同。
前婚姻依第一項規定視為消滅者,無過失之前婚配偶得向他方請求賠償。
前項情形,雖非財產上之損害,前婚配偶亦得請求賠償相當之金額。
前項請求權,不得讓與或繼承。
但已依契約承諾或已起訴者,不在此限。

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