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Law News (2008) Firm News (242)

September 2019

A person who hands over a financial account for a price to another person for free use but fails to further verify the purposes of use should be deemed to have an indeterminate intent to aid fraud (Taiwan)

September 2019

The formation of a marriage not only requires the formal criteria of a marriage to be met but also the true intent of both spouses to form a marriage to live together and manage a married family (Taiwan)

September 2019

Although a written criminal appeal filed by a party for the purpose of appeal is not personally drafted by the party, if such party is aware that he/she has confessed his/her offense while asserting his/her litigation rights, the written appeal then constitutes a statement to the court; and if the court has shown the written appeal to the party for his/her identification and opinion, the written appeal may be lawfully adopted as a fact-finding proof (Taiwan)

September 2019

A full-time teacher who concurrently serves, not pursuant to laws and regulations, as the representative of a business which has merely registered its business suspension but not its closedown is still deemed to work part-time illegally (Taiwan)

September 2019

A building provided for production use may be property under a self-interest trust, and an application to halve the housing tax may be filed (Taiwan)

September 2019

The FSC amended the Guidelines for Restriction on Concurrent Positions Held by Representatives of Electronic Stored Value Card Issuers and Matters for Their Compliance (Taiwan)

September 2019

When an insurance company is taken over by personnel assigned by the competent authority due to its inability to have a sound operation, the law allows the authority to take preservation measures against its representative such as prohibition against property transfer or delivery, and this is not preconditioned by the representative's breach of any administrative law duty (Taiwan)

September 2019

Whether there is any irregularity in an insured's physical condition relies on the truthful statement of the insured, and the insured's obligation to provide a truthful explanation cannot be deemed released simply because the insured has authorized the insurer to check his/her medical data (Taiwan)

September 2019

In a medical emergency, a physician’s decision to not follow common medical practice should be examined for whether there was negligence in light of reasonable professional clinical discretion (Taiwan)

September 2019

The court order that the employer failed to substantiate that the employee had delayed his work and affected the economic purposes for hiring the employee, this had nothing to do with whether the employee was competent for his work and the grounds for discharge under Article 11, Subparagraph 5 of the Labor Standards Law. (Taiwan)
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