Family Act Article 46

Except as otherwise provided in the statutory law, where a party has either abandoned or admitted the claim during an oral argument proceeding with regard to a matter that is subject to that party’s own disposition in accordance with Paragraph 1 of Article 45, the court shall, based upon such abandonment or admission, enter a judgment against such a party. Nonetheless, the foregoing provision shall not apply with regard to matters involving divorce or termination of an adoptive relation, where any of the following circumstances exists:1. the abandonment or admission in question has not been stated in person by the party involved before the court;2. the claim is joined with other claims, and a joint or consistent decision cannot be made on the matters as a whole;3. the abandonment or admission in question is likely to prejudice the interest of a minor child, and a joint decision that incorporates protective measures for the interest of the minor child in question cannot be made.With regard to the circumstances provided in the preceding paragraph, the presiding judge shall, prior to making a decision based upon the abandonment or admission by the parties, clarify the extent to which the interests of parties are likely to be affected by the court’s decision.Where a party has abandoned the claim during an oral argument proceeding in person before the court with regard to a matter that is not subject to that party’s own disposition, the said party shall be deemed to have voluntarily dismissed the action. Nonetheless, the foregoing provision shall not apply with regard to circumstances where the multiple actions jointly initiated by the party are premised upon the abandonment of the claim in question.Articles 262 to 264 of the Code of Civil Procedure shall apply, mutatis mutandis, to the circumstances provided in Paragraph 4 of Article 46.