Enforcement Act of the Part of Rights In Rem of the Civil Code Article 16
If, before the coming into force of the Rights in Rem part of the Civil Code, the right of claim against a claim secured by a mortgage is extinguished by prescription in accordance with the provisions of the Civil Code, the period for extinguishment of the mortgage as provided in Article 880 is reckoned from the date of the coming into force of the Rights in Rem part. However if the period from the completion of the extinctive prescription of the claim to the date of the coming into force of the Rights in Rem part exceeds 10 years, the mortgage may not be enforced.
中文原文 民法物權編施行法第16條
民法物權編施行前,以抵押權擔保之債權,依民法之規定,其請求權消滅時效已完成者,民法第八百八十條所規定抵押權之消滅期間,自施行日起算。
但自請求權消滅時效完成後,至施行之日已逾十年者,不得行使抵押權。
但自請求權消滅時效完成後,至施行之日已逾十年者,不得行使抵押權。