年節期間,民眾多習慣在家族團聚時小赌怡情一番,營造過年過節的歡樂氣氛。賭債到底該不該還?法律上究竟有無請求的依據呢?
依《民法》第72條之規定:「法律行為,有背於公共秩序或善良風俗者,無 效。」而台灣法院向來認定「賭博行為」違反公序良俗,而未能訴請清償。
不過,賭債雖然不得依法請求,但已經償還了的賭債,也不能訴請返還。因為 《民法》第180條第4款規定:「因不法原因而為給付者,不得請求返還。」所以,不僅賭債的「給付請求權」不受法律保護,其「返還請求權」也同樣不受 法律保護。
值得注意的是:對於在國外「合法」賭場積欠的賭債,法院多以賭博行為既在當地合法,而不認其違反我國公序良俗。因此,在拉斯維加斯或澳門的合法賭場博弈所欠的債務,將不適用民法第72條之規定,而可在台求償哦!
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During Chinese Lunar New year, it's common for families to engage in small-stake gambling for fun, adding to the holiday spirit. But when it comes to gambling debts, should they really be paid back? Does the law provide any basis for claiming such debts?
According to Article 72 of the Civil Code: "A juridical act which is against public policy or morals is void." Taiwanese courts have consistently recognized that gambling activities go against public order and good morals meaning gambling debts cannot be legally claimed in court.
However, while gambling debts cannot be legally claimed, any debt that has already been paid cannot be reclaimed, any debt that has already been paid cannot be reclaimed either. This is because Article 180, Paragraph 4 of the Civil Code states: "A person who has made a payment for an unlawful reason may not demand its return". Therefore, not only is the right to claim payment for gambling debts not protected by law, but the right to demand repayment of an already settled gambling debt is also not legally supported.
Gambling debts incurred in legally operated casinos abroad are treated differently. Since gambling is legal in those jurisdictions, Taiwanese courts generally do not consider such debts to violate public order and good morals. As a result, debts from gambling in legitimate casinos in places like Las Vegas or Macau are not subjected to Article 72 of the Civil Code. This means creditors can legally pursue repayment in Taiwan!
April 19, 2025