Statutes
Each line points at the text that is in force.
A special statute beats the general one. If it isn't there, you fall back to the Civil Code. I don't decide your case. The link goes to the national law database or the courts.
- Buying民法 §248、§249 定金First see if your slip says 訂金 or the Civil Code's 定金. Don't start by memorizing pay-it-back-double.
- Buying民法 §354、§355 瑕疵擔保What it was worth, and whether you could use it, on the day they handed it over. If you already knew, the warranty is different.
- Buying民法 §359、§365Cut the price, or cancel the sale, and how long you have to act. I don't count the days.
- Buying消費者保護法You looked at the car in the shop. Don't assume the seven-day cooling-off from mail order. Check the lines a car contract is supposed to contain, not the slogan.
- Tax and lease民法 §421 租賃A lease means you're using their car. Split that from a loan, and from a conditional sale.
- Tax and lease營業稅法 §19Input tax on a passenger car you use yourself cannot be credited. Putting the company name on it doesn't wipe that line out.
- Crash民法 §184、§191-2、§217The driver's responsibility, and your own share of the fault. Not a percentage chart you fill in at the curb.
- Crash鄉鎮市調解條例 §27The mediation record needs signatures, and within ten days it goes to the court for approval. Only after that approval does the civil part work like a final judgment.
- Crash強制汽車責任保險法 §7、§13Injury and death. Not your bodywork. Usually not the driver of the insured car, either.
- Crash民法 §196、§213、§215The drop in value. Look at the repair bill, the depreciation, and the trading loss as separate things.
- Write-off車體險條款(你的保單)Total loss and constructive total loss live in your policy, not on this page. The law database is the statute. It is not your policy.
- Write-off民法 §737 和解Both sides give something up and the fight ends. If the paper says you give up every other claim, stop.
- Crash司法院裁判書Search the Judicial Yuan judgments yourself: car defect, deposit, diminished value, constructive total loss. Same kind of fight. Not your case.
I'm not a lawyer, and I'm not a mediator. I can't decide this for you. The statute that counts is the one still in force. Judgments live on the Judicial Yuan site.
