The Consumer Debt Clearance Statute Article 96
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.
A debtor of the debtor, who makes repayment after the court's ruling on the initiation of the liquidation process without knowledge of the initiation of the process, may assert such repayment against the creditors. If he/she makes repayment with knowledge of the initiation, he/she may assert the repayment against the creditors to the extent that the liquidation estate received a benefit from the amount for which he/she claims repayment.If the repayment of a debtor under the preceding paragraph is made before the court's public announcement of the initiation of the liquidation process, such debtor shall be presumed to have no knowledge of the fact; if the repayment is made after the public announcement, he/she shall be presumed to have knowledge of its fact.
中文原文 消費者債務清理條例第96條
債務人之債務人,於法院裁定開始清算程序後不知其事實而為清償者,得以之對抗債權人;如知其事實而為清償者,僅得以清算財團所受之利益為限,對抗債權人。
前項債務人所為清償,在法院公告開始清算程序前者,推定為不知其事實;在公告後者,推定為知其事實。
前項債務人所為清償,在法院公告開始清算程序前者,推定為不知其事實;在公告後者,推定為知其事實。