Tort law at Taiwan
Tort Law in Taiwan is primarily governed by the Civil Code of Taiwan, which is based on civil law principles. Taiwan's legal system is influenced by both Japanese civil law (from the period of Japanese rule) and German civil law traditions. The civil law system in Taiwan is codified, and tort law (known as delictual liability) plays a central role in the protection of individuals' rights and compensation for harm caused by wrongful acts.
Here’s an overview of the key aspects of tort law in Taiwan:
1. Legal Framework for Tort Law in Taiwan
Civil Code of the Republic of China (Taiwan): The Civil Code is the primary source of law regulating torts in Taiwan. Book 5 of the Civil Code addresses obligations and liabilities arising from torts. The provisions on torts can be found under Chapter 2 of Title 5, which deals with liability for civil wrongs (delicts).
Judicial Interpretation: Judicial decisions and interpretations by the Taiwanese courts play an important role in the application of tort law. In Taiwan’s civil law system, courts refer to legal scholars' opinions and past rulings to interpret and apply the law.
Administrative Laws: In certain cases, administrative law may govern specific torts, particularly where government entities or public duties are involved.
2. Types of Torts in Taiwan
A. Civil Liability for Torts (Delictual Liability)
Tort law in Taiwan imposes civil liability for harm caused by wrongful acts (delicts), which may arise from intentional misconduct, negligence, or strict liability in certain cases. The injured party can seek compensation for damages caused by these wrongful acts.
Fault-Based Liability:
This is the most common form of liability in Taiwan’s tort law. To succeed in a claim for fault-based liability, the injured party must demonstrate that the defendant acted negligently or intentionally, and that their actions directly caused the injury or damage.
Strict Liability:
In some cases, a person or entity can be held strictly liable for harm caused, even if there was no fault or intent to cause harm. This applies to activities that are inherently dangerous or involve certain types of liability (e.g., defective products or activities that create risks for others).
3. Key Areas of Tort Law in Taiwan
A. Negligence (過失)
Negligence is one of the most common grounds for tort claims in Taiwan. A claim of negligence arises when the defendant fails to exercise reasonable care and causes harm to another person.
Elements of Negligence: To prove negligence, the plaintiff must demonstrate:
The defendant owed a duty of care to the plaintiff.
The defendant breached that duty by acting (or failing to act) negligently.
The breach caused harm to the plaintiff.
The plaintiff suffered actual damage (e.g., personal injury, property damage, or financial loss).
Examples: Car accidents, medical malpractice, slip-and-fall accidents, and unsafe construction practices.
B. Intentional Torts (故意侵權)
Intentional torts refer to wrongful acts committed with the intent to harm another person or their property. This includes:
Battery: Unlawful physical contact with another person.
Assault: Intentional threat of harm or fear of imminent harm.
Defamation: False statements made about another person that harm their reputation.
Fraud: Deceptive conduct intended to induce someone to part with property or rights.
Defamation is particularly significant in Taiwan. A person can file a tort claim for defamation if they can prove that the defendant made a false statement that harmed their reputation.
C. Trespass (不法侵入)
Trespass in Taiwan refers to unlawful interference with another person’s property. This includes:
Trespass to land: Unauthorized entry onto someone’s property.
Trespass to goods: Unlawful interference with another person’s belongings, such as theft or vandalism.
D. Nuisance (妨害安寧)
Nuisance involves unreasonable interference with a person’s use or enjoyment of their property. This could include excessive noise, pollution, or environmental disturbances that affect a neighbor or community.
Private nuisance in Taiwan allows individuals to seek damages when their property rights are interfered with by the unreasonable actions of others.
E. Product Liability (產品責任)
Product liability is governed by Taiwan’s Consumer Protection Act, but tort law principles apply to claims related to defective products that cause harm.
Strict liability is typically applied in cases where the manufacturer or seller is held responsible for damages caused by a defect in their product, regardless of fault. This includes both design defects and manufacturing defects.
F. Wrongful Death (不法致死)
Wrongful death claims arise when a person dies as a result of the negligence or intentional misconduct of another. In Taiwan, the surviving family members or beneficiaries of the deceased may file a lawsuit for damages.
Damages can include loss of financial support, funeral expenses, and compensation for emotional distress caused by the death.
4. Legal Elements of Tort Claims in Taiwan
To bring a successful tort claim in Taiwan, the plaintiff generally needs to prove:
Wrongful Act: The defendant must have committed an unlawful act (either negligent or intentional).
Causation: The defendant’s act must have directly caused the harm suffered by the plaintiff.
Damage: The plaintiff must demonstrate actual harm, whether it’s physical injury, property damage, or financial loss.
Fault or Liability: For negligence claims, the plaintiff must show that the defendant was at fault. In strict liability cases, no fault needs to be proven.
5. Remedies in Tort Law in Taiwan
The primary remedy for torts in Taiwan is compensatory damages, designed to restore the injured party to the position they would have been in had the tort not occurred.
Actual Damages: Compensation for physical harm, medical expenses, property damage, and lost income.
Moral Damages: Compensation for non-material harm, such as emotional distress, pain, and suffering, or damage to reputation.
Punitive Damages: Taiwan’s legal system generally does not allow for punitive damages, but damages may be increased in cases of gross negligence or intentional harm.
6. Statute of Limitations for Tort Claims in Taiwan
The statute of limitations for tort claims in Taiwan is specified in the Civil Code:
General Rule: The statute of limitations for tort claims is two years from the date the injured party becomes aware of the damage and the identity of the person responsible.
Exception: The limitation period for claims involving personal injury or death is typically two years, while claims for property damage may have a longer limitation period of five years.
7. Role of Insurance in Tort Law in Taiwan
Insurance plays an important role in tort claims, especially for motor vehicle accidents, medical malpractice, and product liability. Many individuals and companies in Taiwan are required to have liability insurance to cover potential claims arising from tortious acts.
Motor vehicle insurance is mandatory, and it covers both property damage and bodily injury caused by accidents.
8. Challenges in Tort Law in Taiwan
Proving Causation: In negligence cases, proving a direct causal link between the defendant’s conduct and the plaintiff’s injury can be challenging, especially in complex cases.
Delays in Legal Proceedings: Like in many civil law countries, the judicial process can sometimes be slow, causing delays in the resolution of tort claims.
Access to Legal Resources: Legal costs, the complexity of tort law, and the need for expert testimony can make it difficult for individuals to pursue claims, particularly in more serious cases.
9. Conclusion
Tort law in Taiwan is based on civil law principles and is intended to protect individuals from harm caused by wrongful acts, whether intentional or negligent. The Civil Code of Taiwan outlines the framework for tort claims, with remedies focused primarily on compensatory damages. While negligence and intentional torts are common bases for claims, the system also provides for strict liability in certain contexts. However, like in many other jurisdictions, practical challenges such as delays and high litigation costs can impact access to justice.
RELATED Blog
0 comments