Civil Laws at Taiwan
Taiwan (officially the Republic of China, ROC) operates under a civil law system, heavily influenced by the modern Japanese and German legal systems. This means that laws are primarily codified into comprehensive written codes, rather than relying heavily on judicial precedent (though judicial interpretations and decisions do hold de facto influence, especially from the Constitutional Court and Supreme Court).
The core of Taiwan's civil law is its Civil Code, which is divided into five main parts, commonly referred to as the "Five Books":
General Principles (總則): This book lays down fundamental concepts applicable across all civil law areas. It covers:
Legal Subjects: Natural persons (legal capacity, domicile, absence, declaration of death), and juridical persons (corporations, foundations, their formation, dissolution, and representation).
Things: Classification of movable and immovable property.
Juridical Acts: The core concept of legal transactions, including requirements for validity (capacity, genuine intent, no violation of law or public order/morals), conditions, and periods.
Time Periods and Prescription: Rules for calculating time and statutory limitations on rights (prescription periods).
Exercise of Rights: Principles like good faith and abuse of rights.
Obligations (債): This is a vast and crucial part, dealing with rights and duties between specific persons. It covers:
General Provisions on Obligations: Principles applicable to all obligations, including performance, assignment, subrogation, set-off, and termination.
Contracts: Formation of contracts (offer and acceptance), validity, effect (performance, non-performance, and remedies like specific performance or damages), rescission, and termination. The Civil Code provides specific rules for 27 types of standard contracts (e.g., sale, lease, loan, mandate, partnership, gift).
Torts (侵權行為): Liability for wrongful acts causing damage, including general tort liability (intentional or negligent harm to rights) and specific torts (e.g., product liability, liability for dangerous activities).
Unjust Enrichment (不當得利): The obligation to return benefits received without legal cause.
Management Without Mandate (無因管理): Rules for a person who manages another's affairs without prior authorization.
Rights in Rem / Real Rights (物權): This book deals with rights directly over things, which are generally enforceable against the world. It includes:
Possession (占有): Factual control over a thing.
Ownership (所有權): The most comprehensive right over a thing, including rights of use, 수익 (taking profits), and disposition. It also covers co-ownership.
Servitudes (用益物權): Rights to use another's property (e.g., superficies, easements, usufruct).
Security Rights in Rem (擔保物權): Rights over property to secure a debt (e.g., mortgage, pledge).
Family (親屬): This book governs personal and property relations within a family. Key aspects include:
Marriage: Formation (requirements, formal solemnization), effects (personal and property relations between spouses), and dissolution (divorce, annulment). Recent amendments have also legalized same-sex marriage in Taiwan.
Parent-Child Relations: Legitimacy, paternity, parental rights and duties (custody, support).
Guardianship and Assistance: For minors and adults with limited capacity.
Family Council: A traditional institution, though less prevalent in modern practice.
Succession (繼承): This book deals with the transfer of property upon death. It covers:
Heirs and Inheritance: Determination of legal heirs and their shares.
Wills: Formal requirements for making a valid will and its effects.
Probate and Administration of Estates: Procedures for settling the deceased's assets and liabilities.
Compulsory Portion (特留分): A portion of the inheritance that certain statutory heirs are entitled to, even if the will states otherwise.
Key Features of Taiwan's Civil Law:
Codification: The Civil Code is the primary source, providing comprehensive and systematic rules.
Influence of German and Japanese Law: The structure and concepts are heavily borrowed from the German Civil Code (BGB) and the Japanese Civil Code.
Emphasis on Good Faith: The principle of "good faith" (誠信原則) is a pervasive concept throughout the Civil Code, requiring parties to act honestly and fairly in their dealings.
Freedom of Contract: Parties generally have the freedom to enter into contracts and determine their terms, within the bounds of law and public order/morals.
Protection of Personal Rights: The Civil Code protects various personal interests beyond just property, including body, health, reputation, liberty, credit, privacy, and familial interests.
Three-Tiered Court System for Civil Cases: Civil litigation typically proceeds through District Courts (first instance), High Courts (second instance/appeal on facts and law), and the Supreme Court (third instance/appeal on legal issues only).
Alternative Dispute Resolution (ADR): Mediation and arbitration are actively encouraged and frequently used to resolve civil disputes, often pre-litigation or during court proceedings.
No Stare Decisis (Officially): While judicial decisions are not formally binding precedents like in common law systems, Supreme Court judgments and Constitutional Court interpretations have significant de facto influence and are often followed by lower courts.
Civil law in Taiwan is continuously updated through legislative amendments and judicial interpretations to adapt to social and economic changes, such as the recent reduction of the majority age to 18 and the legalization of same-sex marriage.
RELATED Blog
0 comments