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The establishment of a trust contract requires not only general establishment criteria such as the parties' expression of their intent to reach an agreement but also special establishment criteria such as the transfer of the property right of the object held in trust and its actual delivery (Taiwan)

March 2020

In case of inadequacies in the installation of facilities such as road and traffic marks, markings and signs, if a traffic accident is attributable to an actor's behavior due to the failure to follow the onsite road and traffic marks, markings and signs, national compensation cannot be claimed (Taiwan)

March 2020

Provisions of the Supreme People's Court on Evidence in Civil Procedures(Mainland China)

December 2019

Whether the main objective of exercising a right is to injure others should be determined after the benefits received by the rights holder and the losses sustained by others and the country and society are considered (Taiwan)

December 2019

Evidence for determining criminal facts means affirmative evidence sufficient to prove the an actor has indeed committed a crime (Taiwan)

December 2019

In case potential facts are not explored by the first instance court, if the second instance court believes that there are potential facts in the case, the effect of appeal should extend to such potential facts (Taiwan)

December 2019

In an administrative action brought to cancel a discretionary disposition, it is necessary to consider the basic facts relied on and grounds for the administrative agency's disposition to determine if there is any abuse of power (Taiwan)

November 2019

If the acts of tort engaged by a perpetrator are continuous to the extent that the consequences of victimization are continuous and mutually independent and distinguishable, the beginning of the period of extinctive prescription shall be separately determined based on the victim's knowledge (Taiwan)

November 2019

If a national compensation claimant may obtain property rights from other people to compensate the damage suffered during the performance of public duty by a civil servant, such property rights which may be obtained for the sake of compensation should be deducted to calculate the actual damage so sustained (Taiwan)

November 2019

Compensation in the form of solatium should be preconditioned by emotional pain caused by moral right violation, and the parties' identity, financial strengths and the extent of victimization should be considered in awarding the amount of compensation (Taiwan)

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Arbitration / Litigation

The establishment of a trust contract requires not only general establishment criteria such as the parties' expression of their intent to reach an agreement but also special establishment criteria such as the transfer of the property right of the object held in trust and its actual delivery (Taiwan)

Provisions of the Supreme People's Court on Evidence in Civil Procedures(Mainland China)

Whether the main objective of exercising a right is to injure others should be determined after the benefits received by the rights holder and the losses sustained by others and the country and society are considered (Taiwan)

Evidence for determining criminal facts means affirmative evidence sufficient to prove the an actor has indeed committed a crime (Taiwan)

In case potential facts are not explored by the first instance court, if the second instance court believes that there are potential facts in the case, the effect of appeal should extend to such potential facts (Taiwan)

In an administrative action brought to cancel a discretionary disposition, it is necessary to consider the basic facts relied on and grounds for the administrative agency's disposition to determine if there is any abuse of power (Taiwan)

If the acts of tort engaged by a perpetrator are continuous to the extent that the consequences of victimization are continuous and mutually independent and distinguishable, the beginning of the period of extinctive prescription shall be separately determined based on the victim's knowledge (Taiwan)

Compensation in the form of solatium should be preconditioned by emotional pain caused by moral right violation, and the parties' identity, financial strengths and the extent of victimization should be considered in awarding the amount of compensation (Taiwan)

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Introduction to the Supreme People's Court's Interpretation (II) on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China (Mainland China)

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Arbitration / Litigation

Provisions of the Supreme People's Court on Evidence in Civil Procedures(Mainland China)

Whether the main objective of exercising a right is to injure others should be determined after the benefits received by the rights holder and the losses sustained by others and the country and society are considered (Taiwan)

Evidence for determining criminal facts means affirmative evidence sufficient to prove the an actor has indeed committed a crime (Taiwan)

In case potential facts are not explored by the first instance court, if the second instance court believes that there are potential facts in the case, the effect of appeal should extend to such potential facts (Taiwan)

In an administrative action brought to cancel a discretionary disposition, it is necessary to consider the basic facts relied on and grounds for the administrative agency's disposition to determine if there is any abuse of power (Taiwan)

Compensation in the form of solatium should be preconditioned by emotional pain caused by moral right violation, and the parties' identity, financial strengths and the extent of victimization should be considered in awarding the amount of compensation (Taiwan)

Categories

Recent Articles

Introduction to the Supreme People's Court's Interpretation (II) on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China (Mainland China)

March 2025

China's First Case of Personality Rights Infringement Involving AI-Generated Voices (Mainland China)

August 2024

Draft Amendments to Provisions on Family Law of the Civil Code (Taiwan)

July 2024

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