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April 2020
Since a legal representative and a juristic person have a relationship concerning one subject of right, while an agent and a principal have a relationship concerning two subjects of right, both the legal characteristics and effects of the two scenarios are different (Taiwan)
April 2020
Arbitration / Litigation
Admission means that a party admits the fact asserted by the other party, and the fact asserted by a party is not required be substantiated if it is admitted by the other party (Taiwan)
April 2020
If the court fails to explore the criteria for the establishment or lapse of the effect of the incidental provisions in an administrative disposition rendered by an administrative agency in detail, the court decision would violate laws and regulations (Taiwan)
April 2020
The applicant of a personal insurance should have the right to independently decide if the right to terminate the insurance contract is to be exercised, and the enforcement court shall not terminate the contract on behalf of the applicant and has no right to order the insurance company to terminate the contract, either (Taiwan)
April 2020
Employment Law
For a type of contract basically determined by the main obligation, if it does not have all the factors of an employment, such determination shall be made based on the entirety of the contract and the main obligation (Taiwan)
April 2020
PRC Investment and Legal Compliance
If there is no fact of mainland Chinese spouses and their Taiwanese spouses living together, the mainland Chinese spouses will lose their basis for their spouse residencies or long-term residencies in the Taiwan Area, and therefore should be denied residence permits (Taiwan)
April 2020
Capital Market / Securities
An offense of non-arm's length transaction is preconditioned by material damage to the company as a result of the legal violation, and the amount of damage sustained by the company should be compared with the size of the company to determine the materiality of the damage (Taiwan)
April 2020
General Corporate Affairs
A controlling company shall be held liable if it that directly or indirectly causes its affiliated company to operate in manners not consistent with normal business practice or resulting in other disadvantages without providing proper compensation to an extent that results in damage to the affiliated company (Taiwan)
April 2020
Other Areas
Although the data about product issues which are obtained by an agency from its audit are the same as those actively reported by the operator, still the agency's audit is different from the operator's reporting, and the operator is not released from its reporting obligation as a result of the competent authority's audit (Taiwan)
April 2020
LTP Special Column
Employer's Granting of Leave and Payment of Wages During Novel Coronavirus Outbreak (Taiwan)
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