Family Act Article 39
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 the statutory law, a family matter action belonging to Category A or Category B in accordance with Article 3 that is initiated by one of the parties in the identification or relation that constitutes the very subject-matter of the claim shall list the counter party in the said personal identity or relationship matter as the defendant.With regard to a case as provided in the preceding paragraph, except as otherwise provided in the statutory law, a family matter action that is initiated by a third party shall list both parties in the personal identity or relationship matter that constitutes the very subject-matter of the case as the joint-defendants; where one of such parties is dead, the claim shall list the surviving party as the defendant.
中文原文 家事事件法第39條
第三條所定甲類或乙類家事訴訟事件，由訟爭身分關係當事人之一方提起者，除別有規定外，以他方為被告。
前項事件，由第三人提起者，除別有規定外，以訟爭身分關係當事人雙方為共同被告；其中一方已死亡者，以生存之他方為被告。
前項事件，由第三人提起者，除別有規定外，以訟爭身分關係當事人雙方為共同被告；其中一方已死亡者，以生存之他方為被告。