Family Act Article 197
This English translation was last updated on 2012-01-11, but the Chinese text was amended on 2023-06-21. Later amendments may not be reflected in the translation — please refer to the Chinese text.
Except as otherwise provided in this Act, provisions in this Act shall apply to a family matter that has happened prior to the time at which this Act comes into effect.Where, prior to the time at which this Act comes into effect, a family matter has already been registered with a court but the proceedings have not been concluded, depending on the progress, the said court shall apply the provisions in this Act and continue conducting the proceedings until their conclusion; the moves already taken in accordance with the then governing legal procedures shall remain effective.With regard to a family matter that, prior to the time at which this Act comes into effect, has already been registered with a court but the proceedings have not been concluded, the jurisdiction to hear the proceedings shall be allocated in accordance with the governing law at the time of its registered with the court.A family matter that, prior to the time at which this Act comes into effect, has already been registered with a court but the proceedings have not been concluded may not be transferred to be consolidated with another matter to be heard, unless the transfer is done in accordance with provisions in the original Part concerning personal identity in the Code of Civil Procedure that governed prior to the time at which this Act comes into effect.Where a procedural act, in accordance with this Act, shall be performed within a certain period of time from its actual performance, the said period shall begin to run only from the day on which this Act comes into effect. Nonetheless, the foregoing provision shall not apply with regard to a procedural act that, prior to the time at which this Act comes into effect, had begun to run in accordance with a court ruling made under the original governing law, which shall be governed by the time period fixed by the said court ruling.
中文原文 家事事件法第197條
除本法別有規定外,本法於施行前發生之家事事件亦適用之。
本法施行前已繫屬尚未終結之家事事件,依其進行程度,由繫屬之法院依本法所定程序終結之,已依法定程序進行之行為,效力不受影響。
本法施行前已繫屬尚未終結之家事事件,依繫屬時之法律定法院之管轄。
本法施行前已繫屬尚未終結之家事事件,除依本法施行前民事訴訟法人事訴訟編得合併裁判者外,不得移送合併審理。
本法所定期間之程序行為,而應於其施行之際為之者,其期間自本法施行之日起算。
但本法施行前,法院依原適用法律裁定之期間已進行者,依其期間。
本法施行前已繫屬尚未終結之家事事件,依其進行程度,由繫屬之法院依本法所定程序終結之,已依法定程序進行之行為,效力不受影響。
本法施行前已繫屬尚未終結之家事事件,依繫屬時之法律定法院之管轄。
本法施行前已繫屬尚未終結之家事事件,除依本法施行前民事訴訟法人事訴訟編得合併裁判者外,不得移送合併審理。
本法所定期間之程序行為,而應於其施行之際為之者,其期間自本法施行之日起算。
但本法施行前,法院依原適用法律裁定之期間已進行者,依其期間。