The Consumer Debt Clearance Statute Article 54-1

This English translation was last updated on 2018-12-26, but the Chinese text was amended on 2021-06-16. Later amendments may not be reflected in the translation — please refer to the Chinese text.

If the special provision for the residential mortgage cannot be agreed upon in accordance with the preceding paragraph, even if the mortgage provides that the repayment period shall become due if the debtor is deprived of interest in expectancy, such provision shall not bind the debtor, and repayment shall be determined by the following methods:1. The total amount of the unrepaid principal of the debts in the residential mortgage, and the interests which have become due as originally agreed, as well as the default penalty not exceeding the annual rate of 2% of the principal incurred before the court's ruling on the initiation of the rehabilitation process, shall be evenly repaid by installments on a monthly basis before the final repayment period as originally agreed, and the interests on the unrepaid principal shall be accrued at the originally agreed interest rate at the time of payment of each installment.2. Before the expiration of the final repayment period specified in the rehabilitation proposal, interest shall be accrued on a monthly basis only on the unrepaid principal of the debt in the residential mortgage at the interest rate as originally agreed. After the expiration of the final repayment period, the total amount of such principal, the interest which became due previously, and the default penalty not exceeding the annual rate of 2% of the principal which has been incurred before the court's ruling on the initiation of the rehabilitation process ruled by the court, shall be evenly repaid on a monthly basis before the final repayment period as originally agreed, and the interests on the unrepaid principal shall be accrued at the originally agreed interest rate at the time of payment of each installment.If the remaining period of the final repayment period of the debt in the residential mortgage as originally agreed is shorter than the final repayment period specified in the rehabilitation proposal, it may be extended to such final repayment period.If the debtor has difficulty in the performance according to the periods under the preceding two paragraphs, the period of his/her performance may further be extended to 6 years.If the period is extended under the preceding Paragraph, interest shall be accrued on the unrepaid principal at the originally agreed interest rate.
中文原文 消費者債務清理條例第54-1條
自用住宅借款特別條款不能依前條規定協議時,該借款契約雖有債務人因喪失期限利益而清償期屆至之約定,債務人仍得不受其拘束,逕依下列各款方式之一定之:
一、就原約定自用住宅借款債務未清償之本金、已到期之利息及法院裁定開始更生程序前已發生未逾本金週年比率百分之二部分之違約金總額,於原約定最後清償期前,按月平均攤還,並於各期給付時,就未清償本金,依原約定利率計付利息。
二、於更生方案所定最終清償期屆至前,僅就原約定自用住宅借款債務未清償本金,依原約定利率按月計付利息;該期限屆至後,就該本金、前已到期之利息及法院裁定開始更生程序前已發生未逾本金週年比率百分之二部分之違約金總額,於原約定最後清償期前,按月平均攤還,並於各期給付時,就未清償本金,依原約定利率計付利息。
自用住宅借款債務原約定最後清償期之殘餘期間較更生方案所定最終清償期為短者,得延長至該最終清償期。
債務人依前二項期限履行有困難者,得再延長其履行期限至六年。
依前項延長期限者,應就未清償本金,依原約定利率計付利息。

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