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Law News
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November 2020

The different treatments of an individual with household registration in the Mainland area or holding a passport issued by the Mainland area under Article 9-1 of the Statute for Cross-Strait Relations do not violate the principle of equality under the Constitution (Taiwan)

November 2020

The "responsible person of an act" under Article 125, Paragraph 3 of the Banking Law refers to the responsible person involved in decision-making and execution and causing the juristic person to commit a crime through his/her dominant role (Taiwan)

November 2020

The promotional text on tobacco products can achieve a diffusion effect since a purchaser may leave the premises with it and thus becomes a tobacco advertisement (Taiwan)

November 2020

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)

November 2020

When a court sets the amount of damages for copyright infringement, a decision against the defendant should be rendered within the scope of the compensation admitted by the defendant (Taiwan)

November 2020

Brief Analysis of the Warranties and the Disclaimers of Warranties for Technology Licensing Agreements (Taiwan)

November 2020

The meaning of the provision that "the contractor shall be compensated for the damage incurred due to the termination of the contract" under Article 511 of the Civil Code (Taiwan)

November 2020

If an actor continues to maintain a dangerous driving behavior after a fluke mentality that no accident will be caused is eliminated, the actor at this junction subjectively has dolus indeterminatus to kill (Taiwan)

November 2020

In the absence of direct evidence, the court may consider and determine a matter based on the external characteristics of the actor and the objective circumstances surrounding the act, together with all kinds of indirect or circumstantial evidence, as well as empirical and logical rules (Taiwan)

November 2020

For the state to be liable for compensation, a civil servant must intentionally or negligently infringe upon the freedom or rights of the people in order to constitute a tort in the discharge of public duties (Taiwan)
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