Best Lawsuits & Disputes Lawyers in Taiwan

About Lawsuits & Disputes Law in Taiwan, Taiwan

Lawsuits and Disputes in Taiwan are regulated under the Taiwanese civil and criminal legal system, which is largely influenced by the German and Japanese legal systems. Taiwan has a unique legal system that distinguishes between disputes, which are addressed via a public civil lawsuit, and criminal cases which are prosecuted by the government. Disputes can arise in many areas, including property issues, family matters, commercial disputes, and more. The legal system in Taiwan is designed to provide platforms for dispute resolution, whether through formal court proceedings or alternate methods such as arbitration and mediation.

Why You May Need a Lawyer

Engaging a lawyer when involved in a lawsuit or dispute in Taiwan is highly recommended due to the complexity of the law. There are several situations where legal representation may be necessary. These include commercial disputes, civil cases related to breaches of contract, family matters like divorce or custody battles, real estate disputes, and defamation suits. A lawyer can navigate you through the litigation process, provide legal counsel, and represent your interests in court.

Local Laws Overview

Local Taiwanese laws relevant to lawsuits and disputes are primarily housed under the Civil Procedure Law, Family Law, Commercial Law, and the Civil Code. The Civil Procedure Law governs the processes and procedures of civil lawsuits. Family Law regulates disputes within family matters such as divorce and child custody. Commercial Law governs business and trade-related disagreements such as partnership disagreements or disputes over contracts. The Civil Code provides general regulations for private law matters in Taiwan.

Frequently Asked Questions

How long does a lawsuit process generally take in Taiwan?

The length of lawsuit proceedings in Taiwan can vary widely, depending on the complexity of the case, whether it is contested, and the court's schedule. However, a typical civil procedure may take a year or longer, from the filing of the complaint to the final judgement.

Can foreigners bring a lawsuit in Taiwan?

Yes, foreigners can initiate lawsuits in Taiwan, whether they reside in the country or not. However, certain regulations and requirements may apply, so legal representation is advised.

Can I settle my disputes out of court in Taiwan?

Yes, in many cases, disputes can be settled outside of court through alternative dispute resolution methods such as arbitration, mediation, or negotiation. These are often faster and less costly than formal court proceedings.

Does Taiwan have a statute of limitations for civil lawsuits?

Yes, Taiwan has a statute of limitations for civil lawsuits. The length of this period can vary depending on the nature of the claim.

What language are court proceedings conducted in Taiwan?

Court proceedings in Taiwan are conducted in Mandarin Chinese. If you do not speak or understand Mandarin, appropriate translation services will be necessary.

Do I have the right to appeal a court decision?

Yes, in Taiwan, you have the right to appeal a court decision. However, certain conditions, deadlines and procedures apply, so consultation with a lawyer is crucial.

What is the role of the prosecutor in Taiwanese lawsuits?

In Taiwan, the prosecutor represents the state in criminal lawsuits, investigating crimes and bringing charges against alleged criminals. They do not play a part in civil lawsuits.

Are there court fees involved in filing lawsuits in Taiwan?

Yes, there are court costs associated with filing a lawsuit in Taiwan, which may vary depending on the type of case and the court involved.

Can I represent myself in court?

In Taiwan, you are allowed to represent yourself in court, known as 'pro se' representation. However, due to the complexity of legal proceedings, most individuals choose to hire a lawyer.

What are some common dispute resolution methods in Taiwan?

Apart from court litigations, other common dispute resolution methods in Taiwan include mediation, arbitration, conciliation, and negotiation.

Additional Resources

The Judicial Yuan is the highest judicial organ in Taiwan and provides information on the country's legal system. Various District Courts are found throughout Taiwan, each with a website providing legal resources for the public. Additionally, the Legal Aid Foundation offers assistance to those who cannot afford private legal service.

Next Steps

If you require legal assistance in lawsuits and disputes, the next recommended steps would be to engage a locally qualified lawyer in Taiwan to assist you. They can provide expert advice on your case, represent you in court, and guide you through the necessary legal procedures. Additionally, you may want to gather all relevant documents and evidence, and prepare a timeline of events to provide a clear account of your dispute.