Abstract
This chapter first shows how the principle of freedom of contract works in Taiwan, then discuses the control of price related terms in standard form contracts under Taiwanese law. The control maybe due to special legislation like the Civil Code or the Consumer Protection Act or due to judicial, or administrative interventions. The special feature in Taiwan is that the competent authorities can promulgate “Prohibited Provisions in Standard Form Contracts” to control the content of standard form contracts. Finally, this chapter also elaborates on regulation fostering price disclosure in Taiwan.
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Notes
- 1.
Wang (2014), p. 268.
- 2.
Chen (2002), p. 51.
- 3.
Chen (2014), p. 161.
- 4.
General Principles and Obligations of Taiwan Civil Code were promulgated in 1929, Rights In Rem was promulgated in 1930, and Family was promulgated in 1931. The whole civil code was established in 1931.
- 5.
Taiwan Civil Code article 74 was succeeded from German Civil Code article 138 section 2.
- 6.
As for the history and change of legislation of principle of change of circumstances in Taiwan, please refer to Liu (2011), pp. 276–283.
- 7.
See Chen (2014), p. 164. Dr. Tzu-Chiang Chen said “Taiwan Consumer Protection Act article 12 regarding of general regulation of controlling the content of standard form contracts make the principle of objective reciprocal become the criterion to decide whether a contract is fair or not.”
- 8.
See Liu (2011), p. 145.
- 9.
Council Directive 93/13/EEC of 5 April 1993 on unfair terms in consumer contracts, OJ 1993, L 95/29.
- 10.
See Liu (2011), p. 126.
- 11.
Yu (2011), p. 184.
- 12.
Huang (2015), p. 169.
References
Chen T-F (2002) Freedom of contract and control of standard form contracts. Taiwan Law Rev 91:51–62
Chen T-C (2014) Conclusion and effect of contracts. Angle Press, Taipei, p 161 and 164
Huang M-Y (2015) Practice of administrative controlling of standard form contracts-focus on contract models and promulgations from competent authorities. Res Consum Protection 19:167–206
Liu C-T (2011) The general principle of civil code1: contract law. Chun-Tang Liu Press, Taipei, pp 126 and 151–152
Wang Z-J (2014) General principles of civil law. Ze-Jian Wang Press, Taipei, p 268
Yu C-D (2011) ‘Concept of standard form contracts and its effect’ in consumer protection committee (CPC). Res Consum Prot 17:153–198
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Hsiang, ME., Chen, TS. (2020). Control of Price Related Terms in Standard Form Contracts in Taiwan: Control of Price Related Terms Through the Legislator, the Judiciary and the Administration. In: Atamer, Y.M., Pichonnaz, P. (eds) Control of Price Related Terms in Standard Form Contracts. Ius Comparatum - Global Studies in Comparative Law, vol 36. Springer, Cham. https://doi.org/10.1007/978-3-030-23057-9_27
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DOI: https://doi.org/10.1007/978-3-030-23057-9_27
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