Law Conflict of Laws

Private International Law in Taiwan

By Rong-Chwan Chen
Kluwer Law International December 2021

Specifications

ISBN-13
9789403542225
Publisher
Kluwer Law International
Publication
December 2021
Format
Paperback
Jurisdiction
Taiwan ? Countri(es) for reference only

Details

Derived from the renowned multi-volume International Encyclopaedia of Laws, this book provides ready access to the law applied to cases involving cross border issues in Taiwan. It offers every lawyer dealing with questions of conflict of laws much-needed access to these conflict rules, presented clearly and concisely by a local expert.

 

Beginning with a general introduction, the monograph goes on to discuss the choice of law technique, sources of private international law, and the relevant connection with other laws. Then follows clear description and analysis of the rules of choice of law on natural and legal persons, contractual and non-contractual obligations, movable and immovable property, intangible property rights, company law, family law (marriage, cohabitation, registered partnerships, matrimonial property, maintenance, child law), and succession law (including testamentary dispositions). The presentation concludes with an overview of relevant civil procedure, examining lex fori and issues of national and international jurisdiction, acceptability and enforcement of foreign judgements, and international arbitration.

 

Its succinct yet scholarly nature, as well as the practical quality of the information it provides, make this book a valuable resource for lawyers handling cases in Taiwan. Academics and researchers, as well as judges, notaries public, marriage registrars, youth welfare officers, teachers, students, and local and public authorities will welcome this very useful guide, and will appreciate its value in the study of private international law from a comparative perspective.

Table of Contents

The Author

List of Abbreviations

General Introduction

Part I. General Principles (Choice of Law Technique)

Chapter 1. Sources of PIL

Chapter 2. Determination of the Applicable Law

Chapter 3. Basic Terms

Part II. Conflict of Laws Rules

Chapter 1. Persons

Chapter 2. Obligations

Chapter 3. Property

Chapter 4. Intangible Property Rights

Chapter 5. Family Law

Chapter 6. Succession Law

Part III. International Civil Procedure

Chapter 1. Sources of International Civil Procedure

Chapter 2. The Principle of Lex Fori

Chapter 3. National Jurisdiction

Chapter 4. International Jurisdiction

Chapter 5. Recognition and Enforcement of Foreign Judgments

Chapter 6. International Insolvency Law

Chapter 7. International Arbitration

Annex: Act Governing the Choice of Law in Civil Matters Involving Foreign Elements

Chapter I: General Principles

Chapter II: The Subject of Rights

Chapter III: Formal Requisites of Juridical Acts; Agency

Chapter IV: Obligations

Chapter V: Rights over Things (‘Rights in Rem’)

Chapter VI: Domestic Relations

Chapter VII: Succession

Chapter VIII: Final Provisions

Selected Bibliography

Table of Cases

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