法律新聞

法律新聞
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August 2017

When a creditor secures grounds for compulsory enforcement, if the debtor has indeed engaged in any act that sabotages, disposes of, or conceals his assets, the offense of impairing the creditor's rights is constituted(Taiwan)

August 2017

If a decision is rendered without ascertaining evidence which has been investigated, the decision should be deemed to be flawed for failure to investigate evidence which shall be investigated pursuant to law(Taiwan)

August 2017

The provisions about default penalties under the Civil Code may apply mutatis mutandis to the total expense which shall be repaid by students receiving government scholarships and allowances if they fail to perform their obligation by passing the entrance examination and serving their obligated positions within the required period, provided that if the repayment is too high, the repayment may be reduced on a discretionary basis(Taiwan)

August 2017

Judicial Interpretation of the Property Law Promulgated by the Supreme People's Court(Mainland China)

August 2017

In a case involving the auction of maximum limit collateral, the court only needs to conduct formal examination of documents submitted by the mortgagee. Disputes about the mortgage should be separately resolved via litigation(Taiwan)

August 2017

When an obligee indicates receipt of payment and notifies the obligor to pay after the obligee's receipt of such payment is delayed, if the obligor still fails to pay, the obligor shall still be liable for the payment delay (Taiwan)

August 2017

When one of the parties gives in during a negotiation, the other party shall not elect to allege that the compromise is tantamount to admittance of the obligation(Taiwan)

August 2017

Article 197 of the Civil Code applies mutatis mutandis to non-property damage and consolation claims asserted on the ground of the obligor's nonperformance, which will lapse if not asserted in two years beginning with the claimant's knowledge of the damage and compensation obligor(Taiwan)

August 2017

The confiscation or recovery of criminal proceeds seeks to disgorge actual criminal proceeds; and even in case of a joint offense by over two individuals, they shall be liable for the amount of their respective proceeds and it is not true that they shall be joint and severally liable(Taiwan)

August 2017

Evidence favorable to a defendant refers to such evidence that objectively has certain connections with the criminal facts determined in the decision, supports a finding favorable to the defendant and affects the subject of the decision(Taiwan)
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