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May 31, 2019

Whether a bank account provider commits an offense of aiding a fraud should be determined by considering the situation of a specific case based on strict evidentiary rules, and an indefinite intent to aid the commissioning of a fraud cannot be derived simply based on the experience of ordinary people (Taiwan)

2018.12.14 Emily Chueh The Supreme Court rendered the 107-Shang-Su-191 Civil Decision of December 14, 2018 (hereinafter, this “Decision”), holding that whether a bank account provider commits an offense of aiding a fraud should be determined by considering the situation of […]
May 31, 2019

Introduction and brief review on the highlights of the Judicial Yuan’s initial draft of the Commercial Case Adjudication Law (Taiwan)

2019.5.20 Jhen-Yi Chen I. Features and important provisions of the draft Commercial Case Adjudication Law The initial draft of the draft Commercial Case Adjudication Law (hereinafter, the “Law”) released by the Judicial Yuan on March 29, 2019 has seven major […]
May 31, 2019

If messages on a price comparison platform are hyperlinked to other operators’ websites, the users should be able to learn about the sources of information with names and logos as differentiators; and, therefore, there is no deceptive act of active duping or passive concealment of important trading information (Taiwan)

2019.2.14 Sean Liu The Intellectual Property Court rendered the 107-Min-Gong-Shang-1 Civil Decision of February 14, 2019 (hereinafter, the “Decision”), holding that the prohibited deceptive act in Article 25 of the Fair Trade Law, which provides: “Except as otherwise stipulated under […]
May 31, 2019

The statute of limitations is a rights barrier to a claim to recover a bid bond, and in case the fact associated with a recovery claim is verified, if it is asserted that the claim lapses due to the occurrence of a rights barrier, the party making such assertion shall assume the burden of proof (Taiwan)

2019.2.27 Yi-Shan Cheng The Supreme Administrative Court rendered the 108-Pan-80 Decision of February 27, 2019 (hereinafter, the “Decision”), holding that the statute of limitations is a rights barrier to a claim to recover a bid bond, and in case the […]
May 31, 2019

Although food labeling, promotions or advertisements are constitutionally protected for freedom of speech, still reasonable and appropriate restrictions may be imposed on food information for its material relevance to national health (Taiwan)

2019.3.14 Angela Wu The Taipei High Administrative Court rendered the 107-Su-1416 Decision of March 14, 2019 (hereinafter, the “Decision”), although food labeling, promotions or advertisements are constitutionally protected for freedom of speech, still reasonable and appropriate restrictions can certainly be […]
May 31, 2019

In case a court’s division of a real property jointly owned by two parties has taken into account the actual circumstance of use and meets the interest of both parties, if the division method is not apparently inappropriate, inappropriate citation of evidence or fact-finding should not be used as a ground for appealing to the Supreme Court (Taiwan)

2019.3.13 Frank Sun The Supreme Court rendered the 107-Tai-Shang-850 Civil Decision of March 13, 2019 (hereinafter, the “Decision”), holding that in case a court’s division of a real property jointly owned by two parties has taken into account the actual […]
May 31, 2019

If a party cannot substantiate the purposes of a cash withdrawal and the funding sources of his/her child’s deposit, and that an agency findsthat the party converts the money withdrawn from his/her account into a certificate of deposit of his/her child in a short proximity of time, the agency has fulfilledthe burden of proof to substantiate the criteria for imposing gift taxes (Taiwan)

2019.2.21 Fang-Wei Lin The Supreme Administrative Court rendered the 108-Pan-76 Decision of February 21, 2019 (hereinafter, the “Decision”), holding that when a party cannot substantiate the purposes of a cash withdrawal and the funding sources of his/her child’s deposit, and […]
May 31, 2019

Although an administrative agency has its disposition authority at the time of its administrative disposition, if it fails to differentiate variedfacts of legal violation, the gist of discretion mandated by law would not be fulfilled. In this connection, the exercise of such disposition authority would be reckless, resulting in discretionary laziness, and such disposition would also be illegal (Taiwan)

2019.2.14 Oli Wong The Taipei High Administrative Court rendered the 107-Su-1122-Zi Decision of February 14, 2019 (hereinafter, the “Decision”), holding that although an administrative agency has its disposition authority at the time of its administrative disposition, still if it fails […]
 

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