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2021 年 1 月 21 日

Summary of Laws Relating to Personal Information Protection (Mainland China)

Joyce Wen[1] In the era of big data, while data and information bring convenience to our life, the issue of personal information leakage is also becoming more and more prominent.  This is why the protection of personal information has become […]
2021 年 1 月 1 日

Is my work still my work? Common Disputes and Precautions for Translation License Contracts (Taiwan)

Yuki Chiang[1] I. Introduction Exchanges of cultural creations and knowledge are some of the current irresistible trends of globalization.  In order to make their works available to a wider audience and expand their competitiveness and the influence of their works […]
2021 年 1 月 1 日

Whether an employer can unilaterally terminate the employment contract on the ground of corporate losses should be determined based on the company’s overall operation and management capacity (Taiwan)

Emily Chueh The Supreme Court rendered the 109-Tai-Shang-1518 Decision of July 23, 2020 (hereinafter, the “Decision”), holding that whether an employer can unilaterally terminate the employment contract on the ground of corporate losses should be determined based on the company’s […]
2021 年 1 月 1 日

A recent Supreme Court decision recognizes the policy value reserve of a life insurance is a right enjoyed by the policyholder against the insurer (Taiwan)

Elva Chuang There is no unanimous opinion among practitioners and scholars as to whether the policy value reserve under the in-force life insurance contract of the policyholder can be the subject of compulsory enforcement when the creditor seeks compulsory enforcement […]
2021 年 1 月 1 日

A consistent principle should be preferably followed for offsetting refundable taxes against tax arrears and for enforcing tax arrears (Taiwan)

Tiffany Hsiao The Supreme Administrative Court rendered the 109-Pan-374 Decision of July 9, 2020 (hereinafter, the “Decision”), holding that the purpose of offsetting refundable taxes against delinquent taxes is to replace compulsory enforcement, and a consistent principle should be preferably […]
2021 年 1 月 1 日

If the inadequacies in the installation or management of a publicly-owned public facility would normally result in damage, there is a causal relationship (Taiwan)

Angela Wu The Supreme Court rendered the 109-Tai-Shang-743 Decision of July 23, 2020 (hereinafter, the “Decision”), holding that if the inadequacies in the installation or management of a publicly-owned public facility would normally result in damage, there is a causal […]
2021 年 1 月 1 日

The set-off system is also applicable to a public law relationship, provided that the circumstances where private law claims may be recognized as an effective set-off in an administrative lawsuit are limited to those where the set-off effect becomes final or not disputed by the parties (Taiwan)

Nora Shih The Supreme Administrative Court rendered the 109-Pan-228 Decision of April 24, 2020 (hereinafter, the “Decision”), holding that the set-off system is also applicable to a public law relationship, provided that the circumstances where private law claims may be […]
2021 年 1 月 1 日

In case a criminal incidental civil lawsuit is transferred to the civil division pursuant to the ruling of the criminal division, if the civil division determines that the criteria under Article 487, Paragraph 1 of the Code of Criminal Procedure are not met, the civil division should allow the parties to pay the court fees in order to cure the deficiency of the complaint procedure (Taiwan)

Frank Sun On August 25, 109, the Civil Grand Chamber of the Supreme Court handed down the 108-Tai-Kang-Da-953 Ruling (hereinafter, the “Ruling”), holding that in case a criminal incidental civil lawsuit is transferred to the civil division pursuant to the […]
 

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