The Legal Culture and System of Taiwan [Hardcover]

Legal Culture And System of Taiwan by Chang-fa Lo (Kluwer Law International) 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.

The legal system of Taiwan is unique from many perspectives. There is a mixture of Chinese and Taiwanese traditions and western legal values. When introducing the western legal system into the society of Taiwan, there were always modifications and adjustments. The modifications and adjustments are to reflect the local perceptions of law and the local values. These adjustments could be positive for the purpose of making the law-transplantation more smoothly. However, there could be negative implications arising from the modifications. In addition to introduc¬ing western systems, there are also very important locally developed systems which have remarkable implications. The book tries to identify these and makes its observations so as to allow readers to make their own judgments.

Since this is only an introduction of Taiwanese legal system, the expla¬nations are rather general and are not designed to give advice on specific legal issues or problems.

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