With a special place among the world's important trading countries, Taiwan
presents the international practitioner with its own particular legal issues
and problems. Among the world's most many-sourced legal systems, the law of
Taiwan sustains major elements from Chinese and Japanese sources as well as
its own indigenous and traditional rules and strong influences from both civil
and common law traditions.
This convenient guide, written by a scholar-practitioner who is both Dean of
Law at the National Taiwan University and a panelist in the World Trade
Organization's Dispute Settlement Body, is an ideal introduction and practical
handbook for anyone involved in a transaction that raises issues in Taiwanese
law. After detailed summaries of Taiwan's system of government, its court
system, sources of law, and administrative law and procedure, the author
covers practice and procedure in such fields of legal activity as the
law of succession;
alternative dispute resolution;
intellectual property law;
labor law; and
criminal law and procedure.
International lawyers will find all the legal situations most likely to arise
in the course of transactions connected to Taiwan covered expertly and
knowledgeably in this very useful book. It is also valuable to students and
scholars for its special insights into issues of comparative law.
Preface. About the Author. 1. A Brief Legal History and Branches of
Powers of the Government: Transplantation and Creation. 2. Basic
Elements of the Justice System in Taiwan: The Courts, Bench, Bar and Legal
Education. 3. The Council of Grand Justices: An Important Design to
Guard the Constitution. 4. Sources of Law: With the Precedents Being
Only the Psychological and Subjective Element. 5. The Constitution of
the Republic and Human Rights Protection in Progress. 6. Administrative
Law Being an Important Scheme to Govern Administrative Activities. 7.
Some Essential Elements Governing Civil Relations, Including Principles of
Morality and Good Faith. 8. Some Principles of Contract Law: Basic
Rules Governing Economic Activities. 9. Various Typical Contracts with
Some Reflections on Social and Economic Activities in Taiwan. 10.
Unjust Enrichment and Management of Other's Affairs without Mandate: Creating
Rights and Obligations without Contract or Wrongdoing. 11. Torts:
Certain New Types of Tortious Act Reflecting the Development of Society. 12.
The Consumer Protection Framework in Taiwan: High Level of Protections for
Weaker Parties. 13. Property Law: A Number of Traditional Property
Rights Established to Meet the Needs of Society. 14. Family Law and the
Law of Inheritance: With the Chinese Tradition Playing Certain Roles. 15.
The Prevention of Domestic Violence Law: An Important Change of Traditional
Domestic Relations. 16. Civil Procedure and ADR: The Dispute Resolution
System Being in Line with International Practices. 17. Intellectual
Property Law: A Western Concept Fitting Smoothly into Eastern Society. 18.
The Law Governing the Domestic Market: A Backbone of the Open Economy in
Taiwan. 19. The Rules Governing External Trade: A Relatively Free
Market. 20. The Government Procurement Law: A Law Governing a Major
Part of Economic Activities in Taiwan. 21. The Labor Protection Regime
in Taiwan: Another Sign Showing Modernization of the Society. 22.
Criminal Law and Criminal Procedure: With Improved Adversarial System in
Place. 23. Some Concluding Remarks.