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July 2019

In case the tender instructions do not specify the reasons why a bid bond will not be returned or will be recovered, even if a supplier is subject to circumstances under the subparagraphs of Article 31, Paragraph 2 of the Government Procurement Law, the procuring agency shall still not withhold or recover the bid bond (Taiwan)

June 2019

If the entirety of the portion in a government procurement project that shall be performed by the contractor on its own under the original contract is performed by another supplier on behalf of the contractor, this would constitute a subcontract under the Government Procurement Law, but the internal relationship between the suppliers is not a pertinent issue (Taiwan)

May 2019

If a complaint is filed to demolish a building which is not divided and whose ownership is not registered, all of the inheritors shall be identified as the defendants in order to have appropriate defendants and the current occupant shall not be identified as the sole defendant (Taiwan)

May 2019

The calculation of a base rent should be based not only on the declared land value of the base but also on the location of the base and should be compared with the rents for neighboring lands, and it is not necessarily required to set the base rent at ten percent annual interest on the total declared land value, which should be the highest standard (Taiwan)

May 2019

In case a court's division of a real property jointly owned by two parties has taken into account the actual circumstance of use and meets the interest of both parties, if the division method is not apparently inappropriate, inappropriate citation of evidence or fact-finding should not be used as a ground for appealing to the Supreme Court (Taiwan)

May 2019

The statute of limitations is a rights barrier to a claim to recover a bid bond, and in case the fact associated with a recovery claim is verified, if it is asserted that the claim lapses due to the occurrence of a rights barrier, the party making such assertion shall assume the burden of proof (Taiwan)

April 2019

Whether a leased land agreed not to be leased for farming or construction may be subject to compulsory enforcement if it is not returned upon expiration under Article 13, Paragraph 1, Subparagraph 4 of the Notary Law should depend on the purposes of use of the leased object and the provisions of the contract (Taiwan)

April 2019

Implementation Opinions of the General Office of the State Council on the Comprehensive Reform of the Approval System for Engineering and Construction Projects (Guo Ban Fa [2019] No. 11) (Mainland China)

March 2019

Whether the scale of an expropriation plan prepared by an enterprise to be established is expanded to the extent of warranting the expropriation of other lands falls within the discretion of the competent government and is not a matter that the agency which approves the expropriation should consider when reviewing the expropriation plan (Taiwan)

February 2019

For any dispute which arises from lawful users who do not apply for the inheritance registration of lands or building improvements, and which pertains to the pre-emptive right exercised pursuant to the first part of Article 73-1, Paragraph 3 of the Land Act with respect to an open auction conducted by the National Property Administration or any of its affiliated agencies, the lawsuit shall be tried by a general court (Taiwan)
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