類別

April 2018

Since the accused was tortured for confession before his statement was taken, the confession given during police interrogation shortly thereafer was resulted from a continuation of the pressure from improper police torture before the statement was drafted; and, therefore, such statement, which was not given out of arbitrariness, should be excluded (Taiwan)

April 2018

When handling an administrative enforcement case, if the enforcer can no longer identify the whereabouts of the obligor by other means, it may be deemed necessary, to the extent that the principle of proportionality is observed, to collect information such as the contact address and telephone number provided to a medical institution by the obligor when medical attention was sought (Taiwan)

March 2018

When the people are not aware of an assertable right due to their trust in registration conducted by the registration agency to the extent that the statute of limitation for their claims expires, if an agency is still allowed to refuse payment by asserting the statute-of-limitation defense, this will violate the principle of good faith (Taiwan)

March 2018

If a building is old and seriously dilapidated, whether a division arrangement can fulfill the maximum efficiency of the property and meet the interest of all successors only by allowing the original users to continue their use should be further explored (Taiwan)

March 2018

Since the rule of strict proof does not apply to the confiscation of criminal proceeds as it is not criminal penalty, free proof alone will be sufficient (Taiwan)

March 2018

If a land is used for the installation of a water tower in accordance with the Water Supply Law, the superficies shall be deemed to exist and this constitutes rightful occupancy, then the refusal to relocate the water tower to an inappropriate location is not an abuse of rights (Taiwan)