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Law News (2055) Firm News (267)

August 2017

If it is not true that a bid winner has no intention to participate in the tender, but it merely entrusts the entirety or major portion of the original procurement contract to be performed by other suppliers after the bid award, such behavior is contract assignment rather than license borrowing. Therefore, the bid bond is not recoverable(Taiwan)

August 2017

The effectiveness of the right of first refusal under Article 34-1 of the Land Law only requires another other joint owner to indicate the intent of purchase under the same terms and conditions to the selling joint owner(Taiwan)

August 2017

Whether expropriation application is needed should be decided by a land user, and ordinary citizens do not have a public law right to request the land user to apply to the state to expropriate their lands(Taiwan)

August 2017

If change of circumstances is a purely objective fact, this does not give rise to the issue that the principle of change of circumstances does not apply to a party when such fact is attributable to such party(Taiwan)

August 2017

A court should generally consider the objectives of superficies, the type, nature and usage status of a building or a work in order to decide if to approve or reject duration or to terminate superficies(Taiwan)

August 2017

If disputes about a self-organized urban rezoning case remain unresolved even after a preliminary mediation procedure conducted by the competent authority is concluded, the party may seek a court adjudication(Taiwan)

August 2017

Contractors handling earthwork excavation, transportation and disposal are still required to obtain a construction business license pursuant to the Construction Industry Law(Taiwan)

August 2017

If an administrative agency still executes a contract with a supplier in a tender procedure which the administrative agency is clearly aware to be defective before the bid opening, the issue of inadequate protection of reliance interest as a result of the supplier's violation of its obligations in the beginning does not exist(Taiwan)

August 2017

If a bid-winning supplier fails to deliver according to the objectives of an obligation with performance delayed for reasons attributable to the supplier, the degree of the supplier's imputability should still be considered in determining if this matter should be published in the Government Procurement Gazette(Taiwan)

August 2017

New Version of the Catalogue of Telecommunications Services Promulgated by the Ministry of Industry and Information Technology(Mainland China)
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