Civil Code[14] Law of Taiwan

1 civil code

1.1 general principles
1.2 contracts
1.3 torts

civil code

the civil code basic law private relations between persons. divided 5 parts:

part i: general principles part ii: debts part iii: property part iv: family part v: succession

general principles

the civil code states if there no applicable act civil case, case shall decided according customs. if there no such custom, case shall decided according jurisprudence. legal capacity of person commences moment of live birth , terminates @ death. maturity attained upon reaching twentieth year of age, , minor, has not reached seventh year of age, has no capacity make juridical acts. minor on 7 years of age has limited capacity make juridical acts. married minor has capacity make juridical acts. juridical person established according code or other acts. juridical act against public policy or morals void.

contracts

the expression of intent of person has no capacity make juridical acts void. expression void made person who, though not without capacity make juridical acts, in condition of unconsciousness or mental disorder. person has no capacity make juridical acts shall represented guardian making or receiving expression of intent. making or receiving of expression of intent of person limited in capacity make juridical acts must approved guardian, except when expression of intent relates pure acquisition of legal advantage, or necessaries of life according age , status. unilateral act made person limited in capacity make juridical acts without approval of guardian void. contract made person limited in capacity make juridical acts without approval of guardian valid upon acknowledgement of guardian. before acknowledgement of contract made person limited in capacity make juridical acts, other party contract may withdraw it, except knew approval of guardian had not been given, when contract made.

an expression of intent agent makes in name of principal within scope of delegated power takes effect directly principal. if expression of intent required made principal made agent, provision of preceding paragraph shall mutatis mutandis applied.

an expression of intent inter presents becomes effective @ moment when person whom made understands well. expression of intent inter absents becomes effective @ moment when notification of expression reaches such other party, except when withdrawal of notification or simultaneously reaches such other party. fact after notification of expression expresser dies, or becomes unable make juridical acts, or limited in capacity make juridical acts, shall not null expression of intent. in interpretation of expression of intent, real intention of parties must sought rather literal meaning of words. person offers make contract shall bound offer except @ time of offer has excluded obligation or except may presumed circumstances or nature of affair did not intend bound. exposing goods sale selling price shall deemed offer. however, sending of pricelists not deemed offer. offer ceases binding if refused. offer made inter presentes ceases binding if not accepted @ once.an acceptance arrives late, except under circumstances in preceding article, shall deemed new offer.

an acceptance amplifications, limitations or other alterations shall deemed refusal of original offer , making of new offer. in cases according customs or owing nature of affair, notice of acceptance not necessary, contract shall constituted when, within reasonable time, there fact, may considered acceptance of offer. if notice of withdrawing offer arrives after arrival of offer itself, though should arrive before or simultaneously arrival of offer within reasonable time transmitting manner, , might known other party, other party notified should notify offerer of such delay.

when parties have reciprocally declared concordant intent, either expressly or impliedly, contract shall constituted. if parties agree on essential elements of contract have expressed no intent non-essential elements, contract shall presumed constituted. in absence of agreement on above-mentioned non-essential elements, court shall decide them according nature of affair. when 1 of parties contract receives earnest money other, contract presumed constituted.

the debtor shall responsible acts, whether intentional or negligent. extent of responsibility 1 s negligence varies particular nature of affair; such responsibility shall lessened, if affair not intended procure interests debtor. if there change of circumstances not predictable after constitution of contract, , if performance of original obligation arising therefrom become unfair, party may apply court increasing or reducing payment, or altering original obligation. if according nature of contract or expression of intent of parties, purpose of contract can not accomplished if not performed within fixed period, , if 1 of parties not perform contract within period, other party may rescind contract without giving notice specified in preceding article. unless otherwise provided act or contract, person bound make compensation injury shall restore injured party status quo before injury. if restoration of status quo ante shall paid in money, interest shall added time of injury.

torts

if person has wrongfully damaged body, health, reputation, liberty, credit, privacy or chastity of another, or s personality in severe way, injured person may claim reasonable compensation in money if such injury not purely pecuniary loss. if reputation has been damaged, injured person may claim taking of proper measures rehabilitation of reputation. person who, intentionally or negligently, has wrongfully damaged rights of bound compensate him injury arising therefrom. same rule shall applied when injury done intentionally in manner against rules of morals. person, violates statutory provision enacted protection of others , therefore prejudice others, bound compensate injury, except no negligence in act can proved. if several persons have wrongfully damaged rights of jointly, jointly liable injury arising therefrom. same rule shall applied if 1 has caused injury cannot sure. instigators , accomplices deemed joint tortfeasors.

an official, has intentionally committed breach of duty ought exercise in favor of third party , therefore prejudice such third party, liable injury arising therefrom. if breach result of official s negligence, may held liable compensate in far injured person unable obtain compensation other means. in case mentioned in preceding sentence, if injured person may obviate injury making use of legal remedy has intentionally or negligently omitted make use of it, official shall not liable compensate injury.

a person of no capacity or limited in capacity make juridical acts, has wrongfully damaged rights of another, shall jointly liable guardian injury arising therefrom if capable of discernment @ time of committing such act. if incapable of discernment @ time of committing act, guardian alone shall liable such injury. in case of preceding sentence, guardian not liable if there no negligence in duty of supervision, or if injury have been occasioned notwithstanding exercise of reasonable supervision. if compensation cannot obtained according provisions of preceding 2 sentences, court may, on application of injured person, take financial conditions among tortfeasors, guardian , injured person consideration, , order tortfeasors or guardian compensate part or whole of injury.

the employer shall jointly liable make compensation injury employee has wrongfully caused rights of in performance of duties. however, employer not liable injury if has exercised reasonable care in selection of employee, , in supervision of performance of duties, or if injury have been occasioned notwithstanding exercise of such reasonable care. if compensation cannot obtained according provision of preceding sentence, court may, on application of injured person, take financial conditions of employer , injured person consideration, , order employer compensate part or whole of injury. employer has made compensation specified in preceding sentence may claim reimbursement against employee committed wrongful act.

if injury caused animal, possessor bound compensate injured person injury arising therefrom, unless reasonable care in keeping according species , nature of animal has been exercised, or unless injury have been occasioned notwithstanding exercise of such reasonable care. possessor may claim reimbursement against third party, has excited or provoked animal, or against possessor of animal has caused excitement or provocation.

the injury, caused building or other work on privately owned land, shall compensated owner of such building or work, unless there no defective construction or insufficient maintenance in such building or work, or injury not caused defectiveness or insufficiency, or owner has exercised reasonable care prevent such injury. in case of preceding sentence, if there person shall responsible injury, owner making compensation may make claim reimbursement against such person.

the manufacturer liable injury arising common use or consumption of merchandise, unless there no defectiveness in production, manufacture, process, or design of merchandise, or injury not caused defectiveness, or manufacturer has exercised reasonable care prevent injury. manufacturer mentioned in preceding sentence person produces, manufactures, or processes merchandise. those, attach merchandise service mark, or other characters, signs extent enough show produced, manufactured, or processed them, shall deemed manufacturer. if production, manufacture, process, or design of merchandise inconsistent contents of manual or advertisement, deemed defective. importer shall liable injury manufacturer.

if automobile, motorcycle or other motor vehicles need not driven on tracks in use has caused injury another, driver shall liable injury arising therefrom, unless has exercised reasonable care prevent injury.

the person, runs particular business or other work or activity, shall liable injury if nature of work or activity, or implement or manner used might damage another. except injury not caused work or activity, or implement or manner used, or has exercised reasonable care prevent injury.

unless otherwise provided act or contract, compensation shall limited injury suffered , interests have been lost. interests have been expected deemed interests have been lost, according ordinary course of things, decided projects, equipment, or other particular circumstances. person has wrongfully caused death of shall bound make compensation injury person incurring medical expenses, increasing need in living, or incurring funeral expenses. if deceased statutorily bound furnish maintenance third party, tortfeasor shall make compensation such third party injury arising therefrom. in case of death caused wrongful act, father, mother, sons, daughters , spouse of deceased may claim reasonable compensation in money if such injury not purely pecuniary loss.