ALIN Legislative News
From National Taiwan University College of Law
Amendments of
Civil Code regarding the Age of Majority, the Age of Agreement to Marry and
Marriage, and the Maximum Agreed Rate of Interest
Article 12 of Taiwanese Civil Code originally stipulated that majority was
attained upon reaching the twentieth year of age. However, this provision was
enacted and implemented in 1929. Considering the modern advance in internet and
technology, the prevalence of mass media, and the widespread availability of
information, the physical and mental development of young people, as well as
their ability to construct self-awareness, have evolved significantly. As a
result, the original definition of majority is no longer aligned with the
current societal situation. To better reflect the present-day development of
young people’s physical and mental capacities, protect their rights, and align
with international standards, Article 12 of Taiwanese Civil Code has been
amended, lowering the age of majority to 18. In order to allow government
agencies and the public to adapt to the implementation of this new regulation,
although the amendment was promulgated on January 13, 2021, it is set to take
effect on January 1, 2023.
Additionally, Taiwanese Civil Code originally imposed different age
restrictions for males and females regarding agreement to marry and marriage.
However, in order to protect children’s rights and ensure gender equality, as
well as to comply with the Convention on the Elimination of All Forms of
Discrimination Against Women (CEDAW), Articles 973 and 980 of Civil Code were
amended, stipulating that the minimum age for both genders to make an agreement
to marry is 17, and that for marriage is 18. These provisions are also
scheduled to take effect on January 1, 2023.
Article 205 of Taiwanese Civil Code originally stipulated that if an
agreed rate of interest exceeded 20% per annum, the creditor had no claim for
the exceeded part. However, compared to the time when Civil Code was enacted,
deposit interest rates have significantly decreased in recent years. Hence, the
limitation of the maximum agreed rate of interest set by this article should be
adjusted to align with current societal conditions. Furthermore, given the
broad application of this provision, it is necessary to retain some flexibility
for parties to negotiate, and thus the maximum agreed rate of interest should
not be set too low. Therefore, the maximum agreed rate of interest has been
reduced to 16% per annum. In addition, under the original provision, if the
agreed rate of interest exceeded the cap, the creditor merely had “no claim”
for the exceeded part. To strengthen the regulatory effect of the maximum rate
of interest and to protect economically disadvantaged debtors, the provision
should specify that agreements exceeding the cap are invalid. Accordingly, Article
205 of Taiwanese Civil Code has been revised to: “If the agreed rate of
interest exceeds 16% per annum, the exceeded part of the agreement is invalid.
Author: Yu-Hung Yen
Topic: Civil Code, majority, agreement to marry,
marriage, age limit, the maximum agreed rate of interest
Jurisdiction: Taiwan
Date: October 10, 2024