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In Taiwan, lawsuits and disputes law is based on the Civil Code, Criminal Code, Administrative Procedure Act, and other related laws and regulations. The legal system in Taiwan is modeled on the German and Japanese systems, with courts having both the power of interpretation and the power of inscription to enforce the rights of parties. Lawsuits and disputes can range from contract disputes, labor disputes, property disputes, personal injury claims, and many more. Legal proceedings in Taiwan are generally conducted in Taiwanese Mandarin, and there is both a trial court and an appellate court system.
Engaging a lawyer can be crucial when you're involved in a lawsuit or dispute in Taiwan. Lawyers are experienced professionals who understand the complex laws and procedures in Taiwan's legal system. They can help you analyse your situation, formulate a legal strategy, draft legal documents, represent you in court, and negotiate with the opposing party on your behalf. A lawyer can assist you in various situations such as business lawsuits, employment disputes, personal injury cases, or when you're charged with a crime.
The key aspects of Taiwanese laws relevant to lawsuits and disputes include hierarchy of laws, application of laws, litigation procedures, and resolution mechanisms. There are different procedures for civil, criminal, administrative, and constitutional cases. For instance, in civil lawsuits, there are pretrial procedures, litigation, and enforcement of judgments. For criminal cases, there can be investigation, indictment, trial, and execution of sentences. Taiwan also has an arbitration law and mediation system, which provide quicker and less confrontational ways to resolve disputes.
Taiwan has a three-tiered court system composed of the District Courts, the High Courts, and the Supreme Court. The District Court is the court of first instance for civil and criminal cases. The High Court serves as the appellate court for District Court decisions and the court of first instance for certain major crimes. The Supreme Court is the final court of appeal for civil and criminal cases.
Yes, both arbitration and mediation are widely used in Taiwan as alternatives to litigation for dispute resolution. The laws related to arbitration and mediation are governed by the Arbitration Law, and mediation is also encouraged in courts.
In Taiwan, legal fees are often determined based on the complexity and length of the case, and the experience and reputation of the attorney. Some lawyers may also charge a contingency fee, which is a percentage of the award or settlement amount received.
Foreigners in Taiwan have the same rights as Taiwanese citizens in courts. They are given fair trials and can also be represented by a lawyer. If they cannot understand or speak Mandarin, a translator will be provided.
Yes, as part of a drive towards digitalization, Taiwan has implemented an electronic litigation system where parties can file lawsuits electronically, reducing the need for paper-based documents. However, certain documents may still need to be provided in hard copy depending on the nature of the case.
The length of a lawsuit in Taiwan depends on many factors such as the complexity of the case, the workload of the court, and whether appeals are made. It is not uncommon for lawsuits to take a few months to over a year to be resolved.
The use of foreign laws in Taiwanese courts is subject to the principle of reciprocity and relevant international treaties. If there is a conflict between Taiwanese law and foreign law, Taiwanese law usually takes precedence.
If a party fails to appear in court without a legitimate reason, the court may deem that party to have forfeited their right to present their case and make a judgement based on the information available.
In a civil lawsuit, a party may claim for compensatory damages, which are designed to compensate for actual loss, and punitive damages, which are intended to punish the party at fault and deter others from committing the same act.
Whether a judgement from a Taiwanese court can be enforced abroad depends on the laws of the foreign country and whether there is a treaty or agreement with Taiwan regarding the enforcement of judgements.
The Judicial Yuan is the highest judicial organization in Taiwan and its website provides a wealth of legal information. The Ministry of Justice also has various resources available. The Taiwan Bar Association is a professional body that can help find a suitable lawyer. Furthermore, many law office websites provide insights, articles and latest updates on Taiwanese Law.
If you require legal assistance in any lawsuits or disputes in Taiwan, you should first consult with a lawyer. They can help you understand your rights and obligations, analyze your case, guide you through the necessary procedures, and represent you in court if necessary. It is crucial to provide your lawyer with all the information they need to help you. It is also recommended to keep a record of all communications and transactions related to the dispute. Remember that every case is unique and the outcome can depend on various factors such as the strength of evidence, enforcement of laws, and interpretation of laws by courts.
