法律新聞

法律新聞
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理慈專欄 (237) 金融科技 (24) 區塊鏈 / 數位資產 (8) AI (8) ESG (22) 企業併購 / 跨國投資 (8) 資本市場 / 證券 (249) 企業日常經營涉及之法律事務 (160) 基礎建設 / 公共工程 (109) 營業秘密 (18) 商標 (46) 專利 (35) 著作權 (78) 競爭法 (80) 生技醫療產業 (35) 能源產業 (14) 媒體 / 文化創意產業 (57) 勞資法規 (119) 個資保護 (38) 仲裁 / 訴訟 (335) 稅法 (57) 環保法令 (8) 大陸投資法令遵循 (31) 其他 (232)

August 2017

For damage in the form of delayed completion which is not attributable to the project owner and contractor, the interest of both parties and the amount of such damage, which are related to factors a court should consider with respect to the principle of changed circumstances, should be communicated to the parties for full-scale debates before a ruling or decision is rendered (Taiwan)

August 2017

Since the plummet of the prices of commodities and construction materials in Taiwan as a result of the financial tsunami was not foreseeable or avoidable when the contract was executed, the principle of changed circumstances should be applicable(Taiwan)

August 2017

If the provisions of the Construction Law are silent about the transfer of a statutory vacant land, a registration agency shall still examine if the transfer violates any compulsory or prohibitive provisions of other laws and regulations(Taiwan)

August 2017

The performance evaluation and visitation operation of infrastructure projects with private participation should preferably not be handled at the same time(Taiwan)

August 2017

If it is not true that a bid winner has no intention to participate in the tender, but it merely entrusts the entirety or major portion of the original procurement contract to be performed by other suppliers after the bid award, such behavior is contract assignment rather than license borrowing. Therefore, the bid bond is not recoverable(Taiwan)

August 2017

The effectiveness of the right of first refusal under Article 34-1 of the Land Law only requires another other joint owner to indicate the intent of purchase under the same terms and conditions to the selling joint owner(Taiwan)

August 2017

Whether expropriation application is needed should be decided by a land user, and ordinary citizens do not have a public law right to request the land user to apply to the state to expropriate their lands(Taiwan)

August 2017

If change of circumstances is a purely objective fact, this does not give rise to the issue that the principle of change of circumstances does not apply to a party when such fact is attributable to such party(Taiwan)

August 2017

A court should generally consider the objectives of superficies, the type, nature and usage status of a building or a work in order to decide if to approve or reject duration or to terminate superficies(Taiwan)

August 2017

If disputes about a self-organized urban rezoning case remain unresolved even after a preliminary mediation procedure conducted by the competent authority is concluded, the party may seek a court adjudication(Taiwan)
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