2020 年 11 月 1 日

A possessor who applies for registration of the ownership by prescription should assume the burden of proof to substantiate the fact of possession with an intent to exercise the ownership (Taiwan)

Luke Hung The Supreme Administrative Court rendered the 109-Pan-373 Decision of July 9, 2020 (hereinafter, the “Decision”), holding that a possessor who applies for registration of the ownership by prescription should assume the burden of proof to substantiate the fact […]
2020 年 8 月 1 日

After the registration of the land, if an interested party discovers any registration error, although he/she may apply in writing to verify the error and approve the correction, still the correction of such registration error is permitted only in the absence of any dispute over private rights and without undermining the identity of the original registration (Taiwan)

Luke Hung The Supreme Administrative Court rendered the 109-Pan-148 Decision of March 19, 2020 (hereinafter, the “Decision”), holding that if an interested party discovers any registration error after the registration of the land, although he/she may apply in writing to […]
2020 年 5 月 1 日

A party’s denial of access to a road by land owners within the community does not change the nature of the land being used as a community road under a development and construction project; and, therefore, the land use does not violate the control regulations (Taiwan)

Frank Sun The Supreme Administrative Court rendered the 108-Pan-589 Decision of December 26, 2019 (hereinafter, the “Decision”), holding that a party’s denial of access to a road by land owners within the community does not change the nature of the […]
2020 年 3 月 1 日

In the absence of a term set for superficies, if the duration has exceeded 20 years or if the purposes for setting up the superficies no longer exist, the court may, upon request, set the duration of the superficies or terminate the superficies (Taiwan)

Debby Yu The Supreme Court rendered the 108-Tai-Shang-1214 Decision of September 12, 2019 (hereinafter, the “Decision”), holding that in the absence of a term set for superficies, if the duration has exceeded 20 years or if the purposes for setting […]
2019 年 10 月 31 日

If a supplier who has failed to pass acceptance inspection breaches the contract time and again, refuses to rectify, and the irregularities are not corrected before a disposition is rendered, this would meet the requirement for materiality under Article 101, Paragraph 1 of the Government Procurement Law (Taiwan)

Frank Sun The Supreme Administrative Court rendered the 108-Pan-332 Decision of July 11, 2019 (hereinafter, the “Decision”), holding that if a supplier who has failed to pass acceptance inspection breaches the contract time and again, refuses to rectify, and the […]
2019 年 9 月 30 日

Since any change to the usage purpose of an expropriated land which has been used according to an expropriation plan is an ordinary exercise of ownership, such change has nothing to do with the scenario where there is no expropriation need due to change of circumstance (Taiwan)

Teresa Huang The Supreme Administrative Court rendered the 108-Pan-124 Decision of March 22, 2019 (hereinafter, the “Decision”), holding that since any change to the usage purpose of an expropriated land which has been used according to an expropriation plan is […]
2019 年 9 月 30 日

For housing units included in a social housing rental and management project, when a rental service agreement is executed between a rental service provider and a property owner, such property shall be regarded as a social housing unit and eligible for relevant tax incentives (Taiwan)

Luke Hung The Ministry of the Interior issued the Nei-Shou-Tu-1080812767 Circular of July 22, 2019 (hereinafter, the “Circular”), pointing out that for housing units included in a social housing rental and management project, when a rental service agreement is executed […]
2019 年 8 月 31 日

The practice that land taxes are not exempt for non-urban lands provided for public infrastructure is declared unconstitutional pursuant to a judicial interpretation (Taiwan)

Luke Hung The Judicial Yuan rendered the Shih-779 Interpretation of July 5, 2019 (hereinafter, the “Interpretation”), declaring that the practice that land taxes are not exempt for non-urban lands provided for public infrastructure is unconstitutional and should be reviewed in […]
2019 年 7 月 31 日

In case the tender instructions do not specify the reasons why a bid bond will not be returned or will be recovered, even if a supplier is subject to circumstances under the subparagraphs of Article 31, Paragraph 2 of the Government Procurement Law, the procuring agency shall still not withhold or recover the bid bond (Taiwan)

2019.1.31 Luke Hung The Supreme Administrative Court rendered the 108-Pan-50 Decision of January 31, 2019 (hereinafter, the “Decision”), holding that in case the tender instructions do not specify the reasons why the bid bond will not be returned or will […]
2019 年 7 月 31 日

Amendments to the Government Procurement Law via Presidential decree (Taiwan)

2019.5.21 Fang-Wei Lin The President promulgated the amendments to Articles 4, 15, 17, 22, 25, 30, 31, 50, 52, 59, 63, 76, 85, 93, 94, 95, 101 and 103 of the Government Procurement Law (hereinafter, the “Law”) and the addition […]
2019 年 6 月 30 日

If the entirety of the portion in a government procurement project that shall be performed by the contractor on its own under the original contract is performed by another supplier on behalf of the contractor, this would constitute a subcontract under the Government Procurement Law, but the internal relationship between the suppliers is not a pertinent issue (Taiwan)

2018.12.24 Frank Sun The Supreme Administrative Court rendered the 107-Pan-746 Decision of December 24, 2018 (hereinafter, the “Decision”), holding that If the entirety of the portion in a government procurement project that shall be performed by the contractor on its […]
2019 年 5 月 31 日

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 […]
2019 年 5 月 31 日

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 […]
2019 年 5 月 31 日

The calculation of a base rent should be based not only on the declared land value of the base but also on the location of the base and should be compared with the rents for neighboring lands, and it is not necessarily required to set the base rent at ten percent annual interest on the total declared land value, which should be the highest standard (Taiwan)

2018.12.19 Teresa Huang The Taiwan High Court rendered the 107-Chung-Shang-682 Civil Decision of December 19, 2018 (hereinafter, the “Decision”), holding that the calculation of a base rent should be based not only on the declared land value of the base […]
2019 年 5 月 31 日

If a complaint is filed to demolish a building which is not divided and whose ownership is not registered, all of the inheritors shall be identified as the defendants in order to have appropriate defendants and the current occupant shall not be identified as the sole defendant (Taiwan)

2018.12.13 Yi-Shan Cheng The Supreme Court rendered the 107-Tai-Shang-2124 Civil Decision of December 13, 2018 (hereinafter, the “Decision”), holding that if a complaint is filed to demolish a building which is not divided and whose ownership is not registered, all […]
2019 年 4 月 30 日

Implementation Opinions of the General Office of the State Council on the Comprehensive Reform of the Approval System for Engineering and Construction Projects (Guo Ban Fa [2019] No. 11) (Mainland China)

2019.3.13 Karl Zhang The General Office of the State Council recently issued an implementation opinion on the comprehensive reform of the approval system for engineering and construction projects (the “Opinions”) to implement a full-process and comprehensive reform on the approval […]
2019 年 4 月 30 日

Whether a leased land agreed not to be leased for farming or construction may be subject to compulsory enforcement if it is not returned upon expiration under Article 13, Paragraph 1, Subparagraph 4 of the Notary Law should depend on the purposes of use of the leased object and the provisions of the contract (Taiwan)

2018.12.10 Luke Hung The Civil Department of the Judicial Yuan issued the Ting-Min-Three-1070031456 Circular of December 10, 2018 (hereinafter, the “Circular”) to interpret the issue of whether a leased land agreed not to be provided for farming or construction purposes […]
2019 年 3 月 31 日

Whether the scale of an expropriation plan prepared by an enterprise to be established is expanded to the extent of warranting the expropriation of other lands falls within the discretion of the competent government and is not a matter that the agency which approves the expropriation should consider when reviewing the expropriation plan (Taiwan)

2018.10.31 Luke Hung The Supreme Administrative Court rendered the 107-Pan-640 Decision of October 31, 2018 (hereinafter, this “Decision”), holding that whether the scale of an expropriation plan of an enterprise to be established is expanded to the extent of warranting […]
2019 年 2 月 28 日

Interpretation of the Supreme People’s Court on the Application of Law in Cases Involving Disputes over Undertaking Contracts in Construction Projects (II) (Mainland China)

2018.12.29 Karl Zhang The Supreme People’s Court recently issued an announcement for a second judicial interpretation (“Judicial Interpretation II”) on the application of law in disputes over undertaking contracts in construction projects.  Judicial Interpretation II covers bidding, the validity of […]
2019 年 2 月 28 日

For any dispute which arises from lawful users who do not apply for the inheritance registration of lands or building improvements, and which pertains to the pre-emptive right exercised pursuant to the first part of Article 73-1, Paragraph 3 of the Land Act with respect to an open auction conducted by the National Property Administration or any of its affiliated agencies, the lawsuit shall be tried by a general court (Taiwan)

2018.12.28 Jhen-Yi Chen The Judicial Yuan rendered the Shi-773 Interpretation of December 28, 2018 (hereinafter, the “Interpretation”) to point out that for any dispute which arises from lawful users who do not apply for the inheritance registration of lands or […]
2019 年 1 月 31 日

Interpretation on the basis for determining the purposes of a building and handling principles based on tax details with respect to a housing unit leased using a rental subsidy (Taiwan)

2018.11.19 Luke Hung The Construction and Planning Agency issued the Ying-Shu-Zhai-1070087653 Circular of November 19, 2018 to interpret and clarify the basis for determining the purposes of a building and handling principles based on tax details with respect to a […]
2018 年 12 月 31 日

Interpretation on the definition of “unwilling” to participate in a joint construction agreement under Article 25-1 of the Urban Renewal Statute (Taiwan)

2018.10.11 Luke Hung The Ministry of the Interior issued the Tai-Nei-Ying-1070816473 Circular of October 11, 2018 (hereinafter, the “Circular”) to interpret the definition of “unwilling” to participate in a joint construction agreement under Article 25-1 of the Urban Renewal Statute […]
2018 年 12 月 31 日

Interpretation on the definition of “unwilling” to participate in a joint construction agreement under Article 25-1 of the Urban Renewal Statute (Taiwan)

2018.10.11 Luke Hung The Ministry of the Interior issued the Tai-Nei-Ying-1070816473 Circular of October 11, 2018 (hereinafter, the “Circular”) to interpret the definition of “unwilling” to participate in a joint construction agreement under Article 25-1 of the Urban Renewal Statute […]
2018 年 12 月 31 日

Interpretation on the definition of “unwilling” to participate in a joint construction agreement under Article 25-1 of the Urban Renewal Statute (Taiwan)

2018.10.11 Luke Hung The Ministry of the Interior issued the Tai-Nei-Ying-1070816473 Circular of October 11, 2018 (hereinafter, the “Circular”) to interpret the definition of “unwilling” to participate in a joint construction agreement under Article 25-1 of the Urban Renewal Statute […]
2018 年 10 月 31 日

Administrative Measures for the Bidding and Tendering of Railway Engineering Construction Projects (Mainland China)

2018.8.31 Karl Zhang On August 31, 2018, the Ministry of Transport issued the Administrative Measures for the Bidding and Tendering of Railway Engineering Construction Projects (the “Measures”), which will go into effect on January 1, 2019.  The Measures regulate the […]
2018 年 10 月 31 日

Since it is difficult to verify the membership data of a folk religion association, if consistency with facts can be inferred pursuant to empirical and logical rules based on land ownership evidence, appropriate evidence shall still be deemed to have been produced (Taiwan)

2018.7.27 Teresa Huang The Supreme Court rendered the 107-Tai-Shang-16 Civil Decision of July 27, 2018 (hereinafter, the “Decision”), holding that since it is difficult to verify the membership data of a folk religion association, if consistency with facts can be […]
2018 年 10 月 31 日

The Ministry of the Interior amended relevant requirements to increase the contract limit and authorized capital of a construction contractor (Taiwan)

2018.8.22 Luke Hung The Ministry of the Interior amended the Enforcement Rules of the Construction Industry Law and the Rules for Determining the Reported Net Value of the Project Scale and Scope of Projects Subject to Value Limit and Contracted […]
2018 年 10 月 31 日

A person who believes it necessary to requisition a private land in order to set up a public enterprise is required to apply to the competent authority for the requisition; and an ordinary citizen has no right to request the person who needs to use a land to apply to the state to requisition the citizen’s land or improvements (Taiwan)

2018.7.18 Yi-Shan Cheng The Kaohsiung High Administrative Court rendered the 106-Su-143 Decision of July 18, 2018 (hereinafter, the “Decision”), holding that a person who believes it necessary to requisition a private land in order to set up a public enterprise […]
2018 年 9 月 30 日

Amendments to the Rules for Evaluating the Structural Safety Performance of Dangerous and Old Buildings in Cities (Taiwan)

2018.8.2 Luke Hung The Ministry of the Interior amended the Rules for Evaluating the Structural Safety Performance of Dangerous and Old Buildings in Cities (hereinafter, the “Rules”) on August 2, 2018 to ease the qualifications for the reconstruction of dangerous […]
2018 年 8 月 31 日

PCC set up the Public Construction Price Database (Taiwan)

2018.6.8 Luke Hung The Public Construction Commission (hereinafter, the “PCC”) issued the Gong-Cheng-Qi-10700176040 Circular of June 8, 2018 (hereinafter, the “Circular”) to communicate that the PCC has set up the Public Construction Price Database pursuant to law to handle construction […]