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  • Interpretation
  • No.39
  • Date
  • 1954/08/27
  • Issue
    • Shall the right to claim funds lodged with the court be subject to the period of prescription?
  • Holding
    •        For various kinds of funds that should be returned to [different] parties involved in the litigations in accordance with law but remain unclaimed after the issuance of a summons or deadline-imposed public notice, while courts must maintain the safety and find ways to refund in accordance with Interpretation Yuan-je Tze No. 3239, it is nevertheless subject to the prescription in accordance with Article 125 of the Civil Code, since the Lodgment Act is silent on the right to request the return of lodged subject matter.
    • *Translated and edited by Professor Andy Y. Sun.
  • Reasoning
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