Litigation Related 彙整 - Page 3 of 3

2017 年 6 月 30 日

For a family law litigation matter to which the summary proceedings apply, if the claims are amended, added or if counter-claims are made during the second instance trial, this is not limited to the same type of litigation proceedings under Article 41 of the Family Law(Taiwan)

2017.3.22 Emily Chueh The Supreme Court rendered the 106-Tai-Jian-Shang-8 Civil Decision of March 22, 2017 (hereinafter, the “Decision”), holding that for a family law litigation matter to which the summary proceedings apply, if the claims are amended, added or if […]

2017 年 6 月 30 日

The Code of Criminal Procedure is amended with the addition of a case file acquisition right and a mandatory defense system for the detention review procedure in the course of investigation(Taiwan)

2017.4.26 Jenny Chen The President promulgated Articles 93 and 101, as amended, and Articles 31-1 and 33-1, as added, of the Code of Criminal Procedure (hereinafter, the “Law”) via the Hua-Zhong-One-Yi-10600052341 Directive of April 26, 2017. Except for Article 31-1, […]

2017 年 5 月 31 日

The principle of actual malice also applies to the offense of affecting election by spreading rumors(Taiwan)

2017.2.9 Emily Chueh The Supreme Court rendered the 106-Tai-Shang-96 Criminal Decision of February 9, 2017 (hereinafter, the “Decision”), holding that the principle of actual malice applies to the offense of affecting election by spreading rumors. According to the facts underlying […]

2017 年 4 月 30 日

General Provisions of the Civil Law of the People’s Republic of China(Mainland China)

2017.3.15 James Cheng On March 15, 2017, the National People’s Congress promulgated the General Provisions of the Civil Law of the People’s Republic of China (the “General Provisions”), which will go into effect on October 1, 2017. Consisting of 11 […]

2017 年 4 月 30 日

Circular of the Supreme People’s Court on Issues Concerning Proper Trial of Cases Involving Debts of Married Couples(Mainland China)

2017.2.28 James Cheng On February 28, 2017, the Supreme People’s Court promulgated the amendment to the Second Interpretation of the Supreme People’s Court on Issues Concerning the Application of the Marital Law of the People’s Republic of China (the “Second […]

2017 年 4 月 30 日

When a party to litigation has never retained an agent-ad-litem and is deceased, if the court elects to notify the parties to be present to present their arguments via service of notice by publication and grants the motion filed by the other party to render a default judgment, this process is deemed materially flawed and the judgment violates laws and regulations(Taiwan)

2017.1.3 Frank Sun The Supreme Court rendered the 106-Tai-Shang-29 Civil Decision of January 3, 2017 (hereinafter, this “Decision”), holding that when a party to litigation has never retained an agent-ad-litem and is deceased, if the court elects to notify the […]

2017 年 4 月 30 日

A bank is responsible for relevant credit investigation and identity verification before a mortgage loan is established and shall not determine that the principal shall be liable for the loan for authorizing an apparent agent solely on account of the principal’s seal and seal specimen presented by another person(Taiwan)

2017.1.11 Jenny Chen The Taiwan High Court rendered the 105-Shang-583 Civil Decision of January 11, 2017 (hereinafter, the “Decision”), holding that a bank is responsible for relevant credit investigation and identity verification before a mortgage loan is established and shall […]

2017 年 4 月 30 日

A joint property owner who occupies the entirety or a portion of the common property without the consent of all joint owners before lending or leasing such property for his/her own benefit does not engage in an act of managing joint property(Taiwan)

2017.2.8 Angela Wu The Supreme Court rendered the 106-Tai-Shang-100 Civil Decision of February 8 2017 (hereinafter, the “Decision”), holding that a joint property owner who occupies the entirety or a portion of the common property without the consent of all […]

2017 年 4 月 30 日

Parties may free enter into a nude contract to an extent that compulsory legal provisions and good social morals are not violated(Taiwan)

2017.1.12 Emily Chueh The Tainan Branch of the Taiwan High Court rendered the Chung-Shang-61 Civil Decision of January 12, 2017 (hereinafter, the “Decision”), holding that parties may free enter into a nude contract to an extent that compulsory legal provisions […]

2017 年 4 月 30 日

The statute of limitation for a claim should be set by law, not by legal order(Taiwan)

2017.1.24 Angela Wu The Ministry of Justice issued the Fa-Zhi-10602501360 Circular of January 24, 2017 (hereinafter, the “Circular”) to communicate that the statute of limitation for a claim should be set by law, not by legal order. This Circular was […]