Store International The Legal Culture and System of Taiwan

The Legal Culture and System of Taiwan

By Chang-fo Lo


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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 following:

  • contracts;
  • torts;
  • consumer protection;
  • property rights;
  • family law;
  • law of succession;
  • alternative dispute resolution;
  • intellectual property law;
  • trade;
  • government procurement;
  • 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.

Publish Date 09/15/2006
Publish Frequency As Needed
Product Line Kluwer Law International
ISBN 9789041125255
SKU 10058660-0001
Table of Contents
    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.