Best Contract Lawyers in Taiwan

About Contract Law in Taiwan

The field of contract law in Taiwan is regulated by the Civil Code. It’s established with the intent to maintain fairness and balance between parties. Taiwan contract law works based on the principle of party autonomy, meaning that all parties involved in an agreement are free to negotiate their terms and conditions, as long as they are not illegal or unethical. Contracts can be formed either orally or in writing, and do not usually require notarization or registration, unless explicitly specified by law, such as for real estate contracts.

Why You May Need a Lawyer

Contract law can be tricky and complex for someone unfamiliar. You might require an attorney's assistance for various scenarios, such as drafting contracts, reviewing agreements, negotiations, or handling dispute resolution. A minor oversight in a contract can cause immense future problems, causing loss of finance and time. Lawyers can prevent this, ensure that your rights are protected, and guide through the legal implications that a contract could impose. They can also help if a dispute arises and you need to terminate a contract, or if a breach of contract occurs and you need to understand your legal remedies.

Local Laws Overview

In accordance with Taiwan’s Civil Code, a contract becomes legally binding when an offer is made by one party and accepted by another. The law considers a contract valid when the parties involved have the capacity to contract, there is a legal purpose, and there is mutual consent. The contract laws in Taiwan also cover breach of contract and remedies, which could include damages, specific performance, etc. However, for scenarios involving international transactions, Taiwan laws adopt the principle of lex loci contractus (law of the place where the contract is made) unless specified otherwise in the contract.

Frequently Asked Questions

1. Can a contract be oral in Taiwan?

Yes, according to Taiwan law, a contract can be oral unless the law explicitly requires a written contract for matters related to real estate, intellectual property transfer, etc.

2. When is a contract considered invalid?

A contract is considered invalid when a party lacks capacity to contract (like minors), when the terms are against the law or social order, or when mutual consent is not present (like fraudulent contracts).

3. What happens if a contract is breached?

When a contract is breached, the affected party can sue for remedies such as damages or specific performance, depending on the nature and severity of the breach.

4. Can a contract be amended?

Yes, a contract can be amended with the consent of all parties involved. The terms of modification must comply with the legal requirements of a valid contract.

5. Can contracts be terminated?

Yes, contracts can be terminated in accordance with the terms of the contract itself, or under certain circumstances defined by law (like contract breach, impossibility of performance, etc).

6. Do contracts need to be notarized?

Normally, contracts in Taiwan do not need to be notarized or registered unless stated by the law, such as real estate contracts.

7. What is a contractual liability?

Contractual liability refers to the legal obligations each party has to fulfill as per the contract. If not fulfilled, it can lead to legal consequences.

8. Can a foreigner make a contract in Taiwan?

Yes, foreigners can form contracts in Taiwan, but they need to ensure that the terms are not violating the laws of their own country.

9. Can I sue someone for a verbal contract?

Yes, you can sue for a breach of an oral contract. However, proving the existence and terms of an oral contract can be difficult.

10. What is the statute of limitations for contract disputes?

The statute of limitations for contract disputes in Taiwan is generally 10 years, unless specified otherwise by law.

Additional Resources

You can refer to 'The Judicial Yuan', the highest judiciary body in Taiwan, to more closely understand Taiwan’s legal system. The 'Ministry of Justice' provides a reliable source of official information on various laws and regulations. If you're a foreigner looking for help in contract law related matters, chambers of commerce and international organizations often provide directories of English-speaking lawyers.

Next Steps

If you need legal assistance in contract matters in Taiwan, your best course of action would be to consult with a local attorney specializing in contract law. Prepare all the related documents and details pertaining to your matter to provide a clear picture of your situation. Legal consultation can be costly, so it’s advisable to understand their fee structures and ensure clear communication about the process to avoid unnecessary hassles. Remember, acting at the first sign of conflict can prevent significant losses in future.