Best Contract Lawyers in Taiwan

About Contract Law in Taiwan, Taiwan

The contract law in Taiwan, officially known as the German Civil Code or the Bürgerliches Gesetzbuch (BGB) was adopted from Germany in 1931 and operates under the civil law system. It outlines all conditions and stipulations regarding contractual relationships and obligations between parties. The law describes requirements for a valid contract, understanding of contractual obligations, rules of representation, and conditions for termination of contracts among other details. While the law is comprehensive, its interpretation and application can be intricate and may require professional legal guidance.

Why You May Need a Lawyer

Contract law encompasses several issues that you may not grasp entirely without legal expertise. Situations where you might need a lawyer include drafting of a contract, review of a contract presented by another party, dispute resolution arising from a contract, understanding the implications of a contract, and the termination of a contract. Lawyers may also be required in instances where one party alleges breach of a contract. In these contexts, a lawyer with knowledge of Taiwanese contract law can guide you in making informed decisions, reducing the risk of legal disputes ensuing.

Local Laws Overview

The Taiwan Contract Law provides insights on the formation, validity, performance, and termination of contracts. Essential elements such as offer and acceptance, mutual consent, and legality of purpose are emphasized. The law also describes the obligations of both contracting parties and highlights potential remedies for breach of contract. Of note, under Taiwanese law, certain contracts are required to be in writing to be enforceable. For instance, contracts concerning real estate transactions must be in writing and notarized. It is important to know these specific rules and exceptions to protect your interests.

Frequently Asked Questions

What is a contract under Taiwan law?

A contract is considered a legally binding agreement made between two or more parties, each agreeing to perform or to abstain from performing an act.

What happens if a contract is breached in Taiwan?

If a contract is breached, the innocent party can either demand performance of the contractual obligation, terminate the contract, or demand damages depending on the nature and degree of the breach.

Can contract terms be changed after a contract is signed?

Any changes to a contract after it has been signed require the mutual agreement of all parties involved.

Are verbal contracts enforceable in Taiwan?

While in certain cases verbal contracts may be enforceable, some contracts such as those involving real estate or certain financial agreements must be written to be enforceable.

How long does a lawsuit related to a contractual dispute take in Taiwan?

The duration of such lawsuits can vary greatly depending on the complexity of the case, but it typically can take anywhere between 6 months to 3 years or more.

Can a foreigner enter into a contract in Taiwan?

Yes, foreigners can enter into contracts in Taiwan, although it is recommended to have representation or advice from a lawyer to comprehend the local legal implications properly.

How can I end a contract legally?

The contract may have specific termination clauses. If it does not, mutual agreement or a serious violation by one party can be grounds for contract termination.

What is a contract of adhesion in Taiwan?

A contract of adhesion, also known as a standard form contract, is one in which one party sets the contract terms while the other party has little or no ability to negotiate more favorable terms.

What happens if unlawful activities are performed under a contract?

If a contract involves illegal activities, it is considered null and void under Taiwan law. Engaging in unlawful activities could lead to criminal charges.

Can I reclaim goods sold under a contract?

Generally, the reclamation of sold goods would be subject to the specific terms and conditions stated within the contract.

Additional Resources

The Judicial Yuan and the Ministry of Justice, Taiwan offer comprehensive information on different laws and regulations, including contract law. The Taiwan Law Resources website can also provide useful insights and updates on Taiwanese laws. Legal firms, lawyers, and academic institutions often conduct seminars and publish articles which can provide in-depth discussions on Taiwanese contract law.

Next Steps

If you need legal assistance related to a contract in Taiwan, it is advisable to hire an experienced lawyer. It is crucial to communicate all details related to your situation to the legal professional so that they can provide appropriate and accurate advice. Before signing any legal contract, it is important to have your lawyer review it thoroughly to ensure that your rights are protected and you clearly understand the obligations you are accepting.