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The compulsory enforcement act was first based on the civil enforcement act in Japan to be amended, and then totally revised during 1996. The studies and the practical practice in Taiwan were also influenced by Japan since the act were amended. This thesis aims to deal with the distribution during the enforcement. When the creditor or the debtor who raises an objection against the distribution during enforcement and the objection isn’t accepted by the court, the creditor or the debtor can raise an action which called “the suit for objection against the distribution” in order to decide the one has the right or not to join the distribution and how much money the one should finally gain in the compulsory execution. Since the civil procedure act in Taiwan was revised in 2000 and 2003, this thesis tries to discuss how the civil procedure law applies to this litigation, especially the second paragraph of Article 401 of the civil procedure law. The subjective scope of the judgment effect will differ due to the creditor or the debtor to be the plaintiff of the litigation. Also, this thesis agrees with the study which makes the creditor in the enforcement have a special right called “the right of distribution.” When the creditor gains less money than he should, the creditor can thus ask the creditor who gains more to pay back the unjust enrichment due to “the right of distribution.”
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