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Law News (2043) Firm News (257)

August 2017

The requirement that a claim to return unjust enrichment shall not be asserted under Article 180, Subparagraph 3 of the Civil Code is only limited to circumstances where debt payment is deliberately made with clear awareness(Taiwan)

August 2017

The provision concerning the hearsay rule exception under Article 159-2 of the Code of Criminal Procedure does not apply if the prosecutor is negligent in summoning witnesses to appear in court for investigation (Taiwan)

August 2017

The amendments to the Anti-corruption Statute cleared through three legislative readings(Taiwan)

August 2017

When parties agree that one of the parties shall pay a certain amount to the other party upon rescission of the contract, such amount is the consideration for the rescission right and is different in nature from a default penalty(Taiwan)

August 2017

When a creditor secures grounds for compulsory enforcement, if the debtor has indeed engaged in any act that sabotages, disposes of, or conceals his assets, the offense of impairing the creditor's rights is constituted(Taiwan)

August 2017

If a decision is rendered without ascertaining evidence which has been investigated, the decision should be deemed to be flawed for failure to investigate evidence which shall be investigated pursuant to law(Taiwan)

August 2017

The provisions about default penalties under the Civil Code may apply mutatis mutandis to the total expense which shall be repaid by students receiving government scholarships and allowances if they fail to perform their obligation by passing the entrance examination and serving their obligated positions within the required period, provided that if the repayment is too high, the repayment may be reduced on a discretionary basis(Taiwan)

August 2017

Judicial Interpretation of the Property Law Promulgated by the Supreme People's Court(Mainland China)

August 2017

In a case involving the auction of maximum limit collateral, the court only needs to conduct formal examination of documents submitted by the mortgagee. Disputes about the mortgage should be separately resolved via litigation(Taiwan)

August 2017

When an obligee indicates receipt of payment and notifies the obligor to pay after the obligee's receipt of such payment is delayed, if the obligor still fails to pay, the obligor shall still be liable for the payment delay (Taiwan)
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