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May 2019
The provisions for contributory negligence under Paragraph 1 of Article 217 of the Civil Code may also apply to the calculation of contractual damages except for a special agreement that stipulates otherwise (Taiwan)
May 2019
Arbitration / Litigation
Since the oath texts required for the oath which should be taken for the testimony of a witness and for the opinions of an expert witness is different, their identity should certainly be differentiated and they should be required to take oath; and if there is any violation of the oath, the testimony or expert opinions can hardly be admitted as legitimate evidentiary materials (Taiwan)
May 2019
Although an administrative agency has its disposition authority at the time of its administrative disposition, if it fails to differentiate variedfacts of legal violation, the gist of discretion mandated by law would not be fulfilled. In this connection, the exercise of such disposition authority would be reckless, resulting in discretionary laziness, and such disposition would also be illegal (Taiwan)
May 2019
Whether a bank account provider commits an offense of aiding a fraud should be determined by considering the situation of a specific case based on strict evidentiary rules, and an indefinite intent to aid the commissioning of a fraud cannot be derived simply based on the experience of ordinary people (Taiwan)
May 2019
Arbitration / Litigation
Although food labeling, promotions or advertisements are constitutionally protected for freedom of speech, still reasonable and appropriate restrictions may be imposed on food information for its material relevance to national health (Taiwan)
April 2019
Arbitration / Litigation
The Judicial Yuan's interpretation on application to the court for a certificate after the end of litigation or a ruling granting the registration of the fact of pending litigation is finally reversed or set aside (Taiwan)
April 2019
Arbitration / Litigation
A material defect in the first instance litigation procedure shall mean that there is a causal relationship between the violation of the litigation procedure and the contents of a court decision or that since the litigation procedure violates relevant requirements, it is not appropriate to serve as the basis for second instance's arguments and the trial level system is maintained. In such situation, a second instance may reverse the judgement of a first instance and remand the case. (Taiwan)
April 2019
Arbitration / Litigation
The notes set forth in the requirements for notarized wills and dictated wills may be computer typed or prepared by an automated machine (Taiwan)
April 2019
Arbitration / Litigation
If employees habitually store drawings created in the course of their work in their personal hard drives, even though some of the files are saved backed to the company's computers and defective files are deleted in the course of design, it is hard to identify that employees have the subjective criminal intent to destroy the computer electromagnetic records of others without valid reasons (Taiwan)
March 2019
Arbitration / Litigation
If the facts concerning violations of laws, regulations or bylaws by a general association for its convocation procedure or resolution method are not material and have no bearing on the resolutions, the court may reject a request lodged pursuant to the Civil Code to set aside the resolutions adopted by the general association (Taiwan)
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Recent Articles
General Corporate Affairs
Exclusion of Electronic Signatures from Proxy-Related Documents for Shareholders’ Meetings (Taiwan)
May 2025
Fintech
The Financial Supervisory Commission of Taiwan Requires Virtual Asset Custodians to Store More Than 70% of Customer Assets in Cold Wallets
May 2025
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Winning Tenderer May Not Arbitrarily Change Subcontractors in the Government Procurement Project Allowing Using Subcontract's Qulification (Taiwan)
May 2025
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