Categories

June 2020

Arbitration / Litigation

In case the only dispute in a complaint is the constitutionality of the law relied on for rendering the original disposition, if the Grand Justices have rendered an interpretation upholding the constitutionality, it should be deemed that the law relied on for rendering the original disposition is not unconstitutional and the Plaintiff's complaint is obviously groundless (Taiwan)

June 2020

Arbitration / Litigation

If a landowner's right to property is constrained in order to fulfill specific public interest objectives, the constraint of the right is valid only when the constraint is properly exercised to fulfill the objectives; and if it goes beyond specific common use purposes or is not properly exercised, a request may be lodged to claim exclusion or compensation (Taiwan)

June 2020

Employment Law

If the night shift snack allowance is a regular payment for workers under normal circumstances and is also recurrent in the system, it should be part of the wages (Taiwan)

June 2020

Capital Market / Securities

In case an actor distributes a stock via false information, even if such actor does not sell the stock to a victim personally, the fact of a joint fraud is still constituted (Taiwan)

June 2020

Tax

A building on land, whether or not a user license is obtained for it or its initial ownership registration is completed, is deemed a special good subject to special sales tax as long as it is held for a period not exceeding two years (Taiwan)

June 2020

Media / Entertainment

Whether a building can be registered as a historic building or not should be determined by a review committee composed of representatives of the authorities and scholars and experts; and if there is no wanton violation of the law, the court should respect the results of its determination (Taiwan)