The insertion of a duty of loyalty into the Trust Enterprise Act in 2000 and the Companies Act in 2001 marks the invasion of fiduciary duties into Taiwan law, a long civil law jurisdiction. Unlike common law jurisdictions, such transplantation was prescribed by legislation and only the general...

This paper explores issues of pre-contractual disclosure for derivative instruments, of which this paper describes as contracts to trade risks, in the UK and US. While there is no general duty of disclosure in common law, this paper focuses on whether there should be a duty of disclosure for...

This paper focuses on the distinction between regulated futures contracts and unregulated commercial sale of goods contracts. Though the U.K. provides several guidelines to distinguish between the two, uncertainties remain, as shown in the judgment of CR Sugar. Certain U.S. judgments also...

The purpose of this paper is to examine the liberalization of Taiwan's capital market regarding cross-Taiwan-Strait listing of securities. Taiwan is in an advantageous position to compete with other Asian rivals to attract issuers and capital from China. However, the long political hostility...

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The purpose of this article is to analyse relevant judicial decisions in Taiwan regarding structured notes sold to retail investors. Regarding pre-sale disputes, one issue was that investors failed to read contractual documents properly before signing contracts, so there was a question whether...