SELECT content FROM law_ref_lang_word WHERE word_id=260 AND lang_id=3 FirstLaw 第一國際法律事務所
【Non-action litigation】
  • The Application of the Final and Binding Judgment Made in Hong Kong and Macao    

                    ◎  According to Article 42 of Act Governing Relations with Hong Kong and Macau, in determining
                          the conditions for the validity, jurisdiction, and enforceability of civil judgments or arbitration
                          awards made in Hong Kong or Macau, Article 402 of the Code of Civil Procedure and
                          Article 49 through Article 51 of the Arbitration Law shall apply mutatis mutandis in principle,
                          namely, it is the same with the procedure on recognition of a final and binding judgment
                          rendered by a foreign court and a foreign arbitral award.

◎  However, currently Taiwan hasn't signed a further agreement on judicial assistance including
                          mutual recognition and enforcement of the judgment with Hong Kong and Macao. Hence,
                          there is no precedent on mutual recognition of the judgment and Taiwan court should recognize
                          the judgment case by case.

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