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You are a professional contract compliance reviewer. Evaluate the compliance of contract clauses based on legal regulations. If you cannot determine compliance directly, refer to the provided regulations for reasoning. Follow these steps:
1. Identify the key content and regulations of the contract clause.
2. Compare it with relevant laws to check for compliance.
3. Ensure logical consistency in your response. If uncertain, use the law for further reasoning.
4. Based on the analysis, respond with only "Compliant" or "Non-Compliant."
|
Contract Clause:「買方使用不當或遭故意破壞者，或未善盡各項設備專業定期維護保養責任所致之損壞。」
Relevant Regulations: 「[(1910, 'No enterprise shall make or use false or misleading representations or symbols on the matter that is relevant to goods and is sufficient to affect trading decisions on goods or in advertisements, or in any other way make it known to the public.\nThe matter, referred to in the preceding paragraph that is relevant to the goods, and is sufficient to affect trading decisions, includes: price, quantity, quality, content, production process, production date, valid period, method of use, purpose of use, place of origin, manufacturer, place of manufacturing, processor, place of processing, or any other relevant item that has touting effects.\nNo enterprise shall sell, transport, export or import goods bearing false or misleading representations referred to in the preceding paragraph.\nThe preceding three paragraphs shall apply mutatis mutandis to services provided by an enterprise.\nWhere any advertising agency makes or designs any advertisement that it knows or should have known to be misleading, it shall be jointly and severally liable with the principal of such advertisement for damages arising therefrom. Where any advertising medium communicates or publishes any advertisement that it knows or should have known to be likely to mislead the public, it shall be jointly and severally liable with the principal of such advertisement for the damages arising therefrom. Where any endorser provides any testimonials that he knows or should have known to be likely to mislead the public, he shall be jointly and severally liable with the principal of such advertisement for damages arising therefrom. However, endorsers who are not celebrities, specialists or organizations shall be held jointly and severally liable with the advertiser for only up to 10 times of the reward they have received from the advertiser.\nThe endorser set forth in the preceding paragraph shall refer to any person or organization, other than the principal of the advertisement, who expresses opinions, trust, findings, or results of personal experiences with regard to the goods or services .', 0.83606327), (1715, 'Where the registration of change on any inherited land or constructional improvement thereon has not been applied for after one year following the inheritance, the competent Special Municipal or County (City) Land Administration Agency shall publicly announce that the inheritors shall apply for the registration of change within three months, and shall notify the inheritors in writing. The competent Land Office may take over the management of the said land and make a detailed statement in tabulated form on the case, if the inheritors fail to apply within the said time limit. But if the applicant is not responsible for the cause of such failure, that time limit shall not be taken into account.\nThe duration of the management referred to in the preceding paragraph shall not be more than 15 years. If the registration of change of the inherited land or constructional improvement still has not been applied for after 15 years, the competent Land Office shall transfer them together with a list to the National Property Administration, Ministry of Finance for public tendering and notify the inheritors in writing. Any inheritor or third party who has unlawfully taken possession of the land shall forfeit his right of possession after sale by tender. If the inherited land or constructional improvements have been under a lease for more than five years, the lease shall not be for more than five years after public tendering.\nThe sale by tender of the land or constructional improvement according to Paragraph two shall be publicly announced for 3 months, and the inheritors, lawful occupants, or other co-owners shall have preferential right to purchase the area occupied by them in the said order. But the preferential right shall be deemed to have been waived if the holder does not express his intention to make the purchase within 30 days of the closure of the sale by tender.\nA special account shall be set up in the National Treasury to keep the proceeds from the sale by tender, and the inheritor may withdraw his lawful share accordingly. The proceeds, if no inheritor withdraws within 10 years, shall belong to the National Treasury.\nThe National Property Administration, Ministry of Finance shall choose another time to re-tender the land or constructional improvement referred to in Paragraph two, if there is no buyer, or the highest price bid by a buyer is lower than the lowest offer price. The National Property Administration, Ministry of Finance shall consider reducing the offer price for re-tender. The reduction shall not be more than 20 per cent. If a sale by tender fails for the fifth time, then the land or constructional improvement shall be registered as state owned, and the forfeiture of the right of possession, and the limit of duration to the lease provided by the second half of Paragraph two shall, mutatis mutandis, apply. The original obligee may, by furnishing documentary evidence, apply to the National Property Administration, Ministry of Finance for the withdrawal of proceeds according to his lawful share of the inheritance, from the specific account referred to in Paragraph four, within 10 years from the completion of registration. After the claim is proved to be correct by examination, the amount calculated based on the base offering price of the land or constructional improvement at the fifth sale by tender shall be given, if there is no objection filed during the public announcement period.', 0.8332185), (890, 'Unless otherwise provided by the statutes, each co-owner is entitled to demand at any time the partition of the thing held in indivision, except in consequence of the purpose of using such thing that makes partition impossible, or a covenant that provides a period of non-partition.\nThe period of non-partition of such covenant as specified in the preceding paragraph shall not exceed five years. Where a period exceeding five years has been agreed upon, it shall be reduced to five years. However, if the covenant of the real property held in indivision has an agreement on the management, the period of non-partition shall not exceed thirty years. Where a period exceeding thirty years has been agreed upon, it shall be reduced to thirty years.\nIn the case of the preceding paragraph, if there is significant cause, each co-owner is still entitled to demand at any time the partition of the thing held in indivision,', 0.82894945)]」
Note: Respond with only "Compliant" or "Non-Compliant."
| Compliant |
You are a professional contract compliance reviewer. Evaluate the compliance of contract clauses based on legal regulations. If you cannot determine compliance directly, refer to the provided regulations for reasoning. Follow these steps:
1. Identify the key content and regulations of the contract clause.
2. Compare it with relevant laws to check for compliance.
3. Ensure logical consistency in your response. If uncertain, use the law for further reasoning.
4. Based on the analysis, respond with only "Compliant" or "Non-Compliant."
|
Contract Clause:「本大樓位於地下一層至地下五層之汽車停車空間共136部法定停車位，車位位於共有部份且無獨立權狀，其汽車停車位含部分車道及其他必要空間，面積共計3538.41平方公尺（約1070.37坪），占共有部分總面積之比例為32.67％。其汽車停車空間之面積應按車位（格）數量、形式種類、車位大小、位置、使用性質或其他與停車空間有關之因素，計算方式如附件一所示（建造執照核准之該層停車空間平面圖影本如附圖三，惟實際以核准之使用執照圖及地政機關登記面積為準）。」
Relevant Regulations: 「[(1970, 'The brokerage agency, which violates this act, shall be penalized according to the following regulations：\n1. Those who violate Article 7 (6) , Article 11, Article 17, Article 19 (1) , Article 21 (1) and (2) or Article 22 (1) shall be fined from sixty thousand to three hundred thousand NT dollars by the competent authority of municipal or county (city).\n2. Those who violate paragraph 2 of Article 24-1 by failing to declare real estate transaction information in accordance with the deadlines or declaring the incorrect price or area information, shall be fined by the competent authority of municipal or county (city) per household (unit) from thirty thousand to one hundred and fifty thousand NT dollars and rectified within the time limit. When they fail to do so, a fine should be imposed each time the violation occurs. After being punished twice, they should be fined from three hundred thousand to one million NT dollars.\n3. Those who violate paragraph 2 of Article 24-1 by failing to report the consigned contract, violate paragraph 6 of Article 24-1 by evading, hindering or refusing the inspection, or violate Article 24-2 should be fined from thirty thousand to one hundred and fifty thousand NT dollars by the competent authority of municipal or county (city).\n4. Those who violate Article 12, Article 18, Article 20, or Article 27 and who have not rectified themselves within the time limit given by the competent authority of municipal or county (city) shall be fined from thirty thousand to one hundred and fifty thousand NT dollars.\n5. Those who violate paragraph 1 of Article 24-1 by failing to declare current transaction information in accordance with the deadline or declaring the incorrect rental or area information, shall be fined from ten thousand to fifty thousand NT dollars by the competent authority of municipal or county (city).\n6. Those who violate paragraph 1 or 2 of Article 24-1 by declaring the incorrect information except rental, price or area information, and who have not rectified themselves within the time limit given by the competent authority of municipal or county (city) shall be fined from six thousand to thirty thousand NT dollars.\n7. Those who violate Article 7 (3), (4) or Article 8 (4) shall be suspended by the competent authority of municipal or county (city). Suspension of business shall not be lifted until the brokerage agency makes up the guaranty bond. Nevertheless, if suspension of business lasts for one year, the permit of the brokerage agency shall be revoked.\nThe brokerage agencies that are fined according to the subparagraph 1, 3 to 6 in the preceding paragraph and who have not rectified themselves within the time limit given by the competent authority shall be penalized each time.\nFinancial institutions or parties to the transactions violate paragraph 6 of Article 24-1 by evading, hindering or refusing the inspection should be fined from thirty thousand to one hundred and fifty thousand NT dollars and rectified within the time limit. When they fail to do so, a fine should be imposed each time the violation occurs.', 0.8304638), (1715, 'Where the registration of change on any inherited land or constructional improvement thereon has not been applied for after one year following the inheritance, the competent Special Municipal or County (City) Land Administration Agency shall publicly announce that the inheritors shall apply for the registration of change within three months, and shall notify the inheritors in writing. The competent Land Office may take over the management of the said land and make a detailed statement in tabulated form on the case, if the inheritors fail to apply within the said time limit. But if the applicant is not responsible for the cause of such failure, that time limit shall not be taken into account.\nThe duration of the management referred to in the preceding paragraph shall not be more than 15 years. If the registration of change of the inherited land or constructional improvement still has not been applied for after 15 years, the competent Land Office shall transfer them together with a list to the National Property Administration, Ministry of Finance for public tendering and notify the inheritors in writing. Any inheritor or third party who has unlawfully taken possession of the land shall forfeit his right of possession after sale by tender. If the inherited land or constructional improvements have been under a lease for more than five years, the lease shall not be for more than five years after public tendering.\nThe sale by tender of the land or constructional improvement according to Paragraph two shall be publicly announced for 3 months, and the inheritors, lawful occupants, or other co-owners shall have preferential right to purchase the area occupied by them in the said order. But the preferential right shall be deemed to have been waived if the holder does not express his intention to make the purchase within 30 days of the closure of the sale by tender.\nA special account shall be set up in the National Treasury to keep the proceeds from the sale by tender, and the inheritor may withdraw his lawful share accordingly. The proceeds, if no inheritor withdraws within 10 years, shall belong to the National Treasury.\nThe National Property Administration, Ministry of Finance shall choose another time to re-tender the land or constructional improvement referred to in Paragraph two, if there is no buyer, or the highest price bid by a buyer is lower than the lowest offer price. The National Property Administration, Ministry of Finance shall consider reducing the offer price for re-tender. The reduction shall not be more than 20 per cent. If a sale by tender fails for the fifth time, then the land or constructional improvement shall be registered as state owned, and the forfeiture of the right of possession, and the limit of duration to the lease provided by the second half of Paragraph two shall, mutatis mutandis, apply. The original obligee may, by furnishing documentary evidence, apply to the National Property Administration, Ministry of Finance for the withdrawal of proceeds according to his lawful share of the inheritance, from the specific account referred to in Paragraph four, within 10 years from the completion of registration. After the claim is proved to be correct by examination, the amount calculated based on the base offering price of the land or constructional improvement at the fifth sale by tender shall be given, if there is no objection filed during the public announcement period.', 0.8285128), (1505, 'When applying for registration, the presence in person of the concerned party is not required at the registration agency if any of the following conditions applies:\n(1) The obligee may solely apply for registration according to the provisions of Subparagraph 4 of Article 27;\n(2) The documents of evidence citing reasons for registration and the agreement have been notarized or certified according to laws;\n(3) The application is filed together with the cases borne with conditions described by the preceding subparagraph and all applications have the same obligors with the same seals to affix;\n(4) The documents of evidence citing reasons for registration have been examined and signed by a land registration agent according to law;\n(5) If the registering party is incapable, or restricted from presenting himself and such party’s legal representative has undertaken the role according to the provisions of Article 39, and personally represents the said party at the registration agency;\n(6) The registering party has created a land registration seal in the competent registration agency where the land is situated according to the Operation Rules of the Creation and Usage of land registration seal;\n(7) Aliens or overseas citizens authorize the third party to apply for registration, and the letters of authorization have been certified or verified by a consulate of the Republic of China;\n(8) The people of mainland China, Hong Kong or Macao authorize the third party to apply for registration, and the letters of authorization have been verified by any organization set up or appointed by the Executive Yuan, or by any private organization authorized by the Executive Yuan;\n(9) If an ancestral worship clan association authorizes its administrator for disposition and the contract has been notarized or certified according to laws;\n(10) The certification of seal, issued one year before the day the reasons for registration occurred, is furnished;\n(11) When land lots are consolidated, the difference of land value before and after the consolidation of each owner’s fair share is less than one square meter’s publicly announced current land value;\n(12) If the agreement of the initial registration of ownership of improvements bears the same seal of the obligee as that on the application form;\n(13) Where the registration of rectification is carried out according to the provisions of Paragraph 3 of Article 43, and the difference of land value before and after the rectification of each co-owner’s fair share is less than one square meter’s publicly announced current land value;\n(14) Where the registration is carried out under the names of the representatives elected by the originators of the establishment of any new legal person according to the provisions of Article 104;\n(15) If the online statement for land registration is made and the identity is verified with digital certification;\n(16) Any other exemptions from the personal presence of the parties concerned provided by the Central Land Administration.', 0.82357335)]」
Note: Respond with only "Compliant" or "Non-Compliant."
| Compliant |
You are a professional contract compliance reviewer. Evaluate the compliance of contract clauses based on legal regulations. If you cannot determine compliance directly, refer to the provided regulations for reasoning. Follow these steps:
1. Identify the key content and regulations of the contract clause.
2. Compare it with relevant laws to check for compliance.
3. Ensure logical consistency in your response. If uncertain, use the law for further reasoning.
4. Based on the analysis, respond with only "Compliant" or "Non-Compliant."
|
Contract Clause:「契約總價 - 履約擔保機制
本預售屋應辦理履約擔保，履約擔保依下列方式擇一處理：
□不動產開發信託
由建商或起造人將建案土地及興建資金信託予某金融機構或經政府許可之信託業者執行履約管理。興建資金應依工程進度專款專用。又簽定本契約時，賣方應提供上開信託之證明文件或影本予買方。
□價金返還之保證
本預售屋由 (金融機構)負責承作價金返還保證。
價金返還之保證費用由賣方負擔。
賣方應提供第一項之保證契約影本予買方。
□價金信託
本預售屋將價金交付信託，由 (金融機構)負責承作，設立專款專用帳戶，並由受託機構於信託存續期間，按信託契約約定辦理工程款交付、繳納各項稅費等資金控管事宜。
前項信託之受益人為賣方(即建方或合建雙方)而非買方，受託人係受託為賣方而非爲買方管理信託財產。但賣方未依約定完工或交屋者，受益權歸屬於買方。
賣方應提供第一項之信託契約影本予買方。請詳閱「附件十六：預售屋價金信託契約書影本」。
■同業連帶擔保
本公司與依公司章程規定得對外保證之森大開發股份有限公司 (同業同級公司)等相互連帶擔保，賣方未依約定完工或交屋者，買方可持本契約向上列公司請求完成本建案後交屋。上列公司不得為任何異議，亦不得要求任何費用或補償。
前項同業同級分級之基準，由內政部定之。
賣方應提供連帶擔保之書面影本予買方，請詳閱「附件十六：預售屋買賣履約保證機制同業連帶擔保證明影本」。
□公會辦理連帶保證協定
本預售屋已加入由全國或各縣市不動產開發商業同業公會辦理之連帶保證協定，賣方未依約定完工或交屋者，買方可持本契約向加入本協定之 公司請求共同完成本建案後交屋。加入本協定之 公司不得為任何異議，亦不得要求任何費用或補償。
賣方應提供加入前項連帶保證協定之書面影本予買方。」
Relevant Regulations: 「[(1910, 'No enterprise shall make or use false or misleading representations or symbols on the matter that is relevant to goods and is sufficient to affect trading decisions on goods or in advertisements, or in any other way make it known to the public.\nThe matter, referred to in the preceding paragraph that is relevant to the goods, and is sufficient to affect trading decisions, includes: price, quantity, quality, content, production process, production date, valid period, method of use, purpose of use, place of origin, manufacturer, place of manufacturing, processor, place of processing, or any other relevant item that has touting effects.\nNo enterprise shall sell, transport, export or import goods bearing false or misleading representations referred to in the preceding paragraph.\nThe preceding three paragraphs shall apply mutatis mutandis to services provided by an enterprise.\nWhere any advertising agency makes or designs any advertisement that it knows or should have known to be misleading, it shall be jointly and severally liable with the principal of such advertisement for damages arising therefrom. Where any advertising medium communicates or publishes any advertisement that it knows or should have known to be likely to mislead the public, it shall be jointly and severally liable with the principal of such advertisement for the damages arising therefrom. Where any endorser provides any testimonials that he knows or should have known to be likely to mislead the public, he shall be jointly and severally liable with the principal of such advertisement for damages arising therefrom. However, endorsers who are not celebrities, specialists or organizations shall be held jointly and severally liable with the advertiser for only up to 10 times of the reward they have received from the advertiser.\nThe endorser set forth in the preceding paragraph shall refer to any person or organization, other than the principal of the advertisement, who expresses opinions, trust, findings, or results of personal experiences with regard to the goods or services .', 0.84367263), (1970, 'The brokerage agency, which violates this act, shall be penalized according to the following regulations：\n1. Those who violate Article 7 (6) , Article 11, Article 17, Article 19 (1) , Article 21 (1) and (2) or Article 22 (1) shall be fined from sixty thousand to three hundred thousand NT dollars by the competent authority of municipal or county (city).\n2. Those who violate paragraph 2 of Article 24-1 by failing to declare real estate transaction information in accordance with the deadlines or declaring the incorrect price or area information, shall be fined by the competent authority of municipal or county (city) per household (unit) from thirty thousand to one hundred and fifty thousand NT dollars and rectified within the time limit. When they fail to do so, a fine should be imposed each time the violation occurs. After being punished twice, they should be fined from three hundred thousand to one million NT dollars.\n3. Those who violate paragraph 2 of Article 24-1 by failing to report the consigned contract, violate paragraph 6 of Article 24-1 by evading, hindering or refusing the inspection, or violate Article 24-2 should be fined from thirty thousand to one hundred and fifty thousand NT dollars by the competent authority of municipal or county (city).\n4. Those who violate Article 12, Article 18, Article 20, or Article 27 and who have not rectified themselves within the time limit given by the competent authority of municipal or county (city) shall be fined from thirty thousand to one hundred and fifty thousand NT dollars.\n5. Those who violate paragraph 1 of Article 24-1 by failing to declare current transaction information in accordance with the deadline or declaring the incorrect rental or area information, shall be fined from ten thousand to fifty thousand NT dollars by the competent authority of municipal or county (city).\n6. Those who violate paragraph 1 or 2 of Article 24-1 by declaring the incorrect information except rental, price or area information, and who have not rectified themselves within the time limit given by the competent authority of municipal or county (city) shall be fined from six thousand to thirty thousand NT dollars.\n7. Those who violate Article 7 (3), (4) or Article 8 (4) shall be suspended by the competent authority of municipal or county (city). Suspension of business shall not be lifted until the brokerage agency makes up the guaranty bond. Nevertheless, if suspension of business lasts for one year, the permit of the brokerage agency shall be revoked.\nThe brokerage agencies that are fined according to the subparagraph 1, 3 to 6 in the preceding paragraph and who have not rectified themselves within the time limit given by the competent authority shall be penalized each time.\nFinancial institutions or parties to the transactions violate paragraph 6 of Article 24-1 by evading, hindering or refusing the inspection should be fined from thirty thousand to one hundred and fifty thousand NT dollars and rectified within the time limit. When they fail to do so, a fine should be imposed each time the violation occurs.', 0.82984376), (1715, 'Where the registration of change on any inherited land or constructional improvement thereon has not been applied for after one year following the inheritance, the competent Special Municipal or County (City) Land Administration Agency shall publicly announce that the inheritors shall apply for the registration of change within three months, and shall notify the inheritors in writing. The competent Land Office may take over the management of the said land and make a detailed statement in tabulated form on the case, if the inheritors fail to apply within the said time limit. But if the applicant is not responsible for the cause of such failure, that time limit shall not be taken into account.\nThe duration of the management referred to in the preceding paragraph shall not be more than 15 years. If the registration of change of the inherited land or constructional improvement still has not been applied for after 15 years, the competent Land Office shall transfer them together with a list to the National Property Administration, Ministry of Finance for public tendering and notify the inheritors in writing. Any inheritor or third party who has unlawfully taken possession of the land shall forfeit his right of possession after sale by tender. If the inherited land or constructional improvements have been under a lease for more than five years, the lease shall not be for more than five years after public tendering.\nThe sale by tender of the land or constructional improvement according to Paragraph two shall be publicly announced for 3 months, and the inheritors, lawful occupants, or other co-owners shall have preferential right to purchase the area occupied by them in the said order. But the preferential right shall be deemed to have been waived if the holder does not express his intention to make the purchase within 30 days of the closure of the sale by tender.\nA special account shall be set up in the National Treasury to keep the proceeds from the sale by tender, and the inheritor may withdraw his lawful share accordingly. The proceeds, if no inheritor withdraws within 10 years, shall belong to the National Treasury.\nThe National Property Administration, Ministry of Finance shall choose another time to re-tender the land or constructional improvement referred to in Paragraph two, if there is no buyer, or the highest price bid by a buyer is lower than the lowest offer price. The National Property Administration, Ministry of Finance shall consider reducing the offer price for re-tender. The reduction shall not be more than 20 per cent. If a sale by tender fails for the fifth time, then the land or constructional improvement shall be registered as state owned, and the forfeiture of the right of possession, and the limit of duration to the lease provided by the second half of Paragraph two shall, mutatis mutandis, apply. The original obligee may, by furnishing documentary evidence, apply to the National Property Administration, Ministry of Finance for the withdrawal of proceeds according to his lawful share of the inheritance, from the specific account referred to in Paragraph four, within 10 years from the completion of registration. After the claim is proved to be correct by examination, the amount calculated based on the base offering price of the land or constructional improvement at the fifth sale by tender shall be given, if there is no objection filed during the public announcement period.', 0.8257945)]」
Note: Respond with only "Compliant" or "Non-Compliant."
| Non-Compliant |
You are a professional contract compliance reviewer. Evaluate the compliance of contract clauses based on legal regulations. If you cannot determine compliance directly, refer to the provided regulations for reasoning. Follow these steps:
1. Identify the key content and regulations of the contract clause.
2. Compare it with relevant laws to check for compliance.
3. Ensure logical consistency in your response. If uncertain, use the law for further reasoning.
4. Based on the analysis, respond with only "Compliant" or "Non-Compliant."
|
Contract Clause:「除本契約另有約定外，甲方不得以基於本契約所取得之權利提供予第三人作為擔保或質押，否則因此所造成乙方之損害應由甲方負責賠償。如因甲方與第三人發生糾紛，致甲方基於本契約所取得之權利或金融貸款作為第三人假扣押、假處分或遭其他強制執行處分時，甲方應負損害賠償責任。」
Relevant Regulations: 「[(1910, 'No enterprise shall make or use false or misleading representations or symbols on the matter that is relevant to goods and is sufficient to affect trading decisions on goods or in advertisements, or in any other way make it known to the public.\nThe matter, referred to in the preceding paragraph that is relevant to the goods, and is sufficient to affect trading decisions, includes: price, quantity, quality, content, production process, production date, valid period, method of use, purpose of use, place of origin, manufacturer, place of manufacturing, processor, place of processing, or any other relevant item that has touting effects.\nNo enterprise shall sell, transport, export or import goods bearing false or misleading representations referred to in the preceding paragraph.\nThe preceding three paragraphs shall apply mutatis mutandis to services provided by an enterprise.\nWhere any advertising agency makes or designs any advertisement that it knows or should have known to be misleading, it shall be jointly and severally liable with the principal of such advertisement for damages arising therefrom. Where any advertising medium communicates or publishes any advertisement that it knows or should have known to be likely to mislead the public, it shall be jointly and severally liable with the principal of such advertisement for the damages arising therefrom. Where any endorser provides any testimonials that he knows or should have known to be likely to mislead the public, he shall be jointly and severally liable with the principal of such advertisement for damages arising therefrom. However, endorsers who are not celebrities, specialists or organizations shall be held jointly and severally liable with the advertiser for only up to 10 times of the reward they have received from the advertiser.\nThe endorser set forth in the preceding paragraph shall refer to any person or organization, other than the principal of the advertisement, who expresses opinions, trust, findings, or results of personal experiences with regard to the goods or services .', 0.8404331), (1655, 'Lands of the following descriptions shall not be transferred or leased to foreigners, nor may encumbrance on them be created in favor of foreigners:\n(1)Forest lands.\n(2)Fisheries.\n(3)Hunting grounds.\n(4)Salt fields.\n(5)Lands with mineral deposit.\n(6)Sources of water.\n(7)Lands lying within fortified and military areas and lands adjacent to the national frontiers.\nThe transfer referred to in the preceding paragraph shall not include the acquisition of land through inheritance. But the said land shall be disposed of to Chinese nationals within three years after the completion of the registration of inheritance. If the land is not duly disposed of within this time limit, the competent Special Municipal or County (City) Administration Agency shall transfer it to the National Property Bureau for public tendering. The procedure for public tendering provided by Article 73-1 shall, mutatis mutandis, apply.\nThe provisions referred to in the preceding paragraph shall, mutatis mutandis, apply to the acquisition of land, listed in (1) to (7) above, through inheritance before the revision of this Act, where the registration of inheritance has not yet been completed.', 0.836895), (1039, 'The dian-holder shall use the property dianed and acquire the profit therefrom according to the nature of the property dianed, and shall maintain sustainable use for the property dianed maintained.\nIf the dian-holder violates the provision of the preceding paragraph, the dian-maker is entitled to redeem the property dianed if the dian-holder ignores his inhibition. If a mortgage is created on the dian, the mortgagee shall also been informed about such inhibition.', 0.8319425)]」
Note: Respond with only "Compliant" or "Non-Compliant."
| Compliant |
You are a professional contract compliance reviewer. Evaluate the compliance of contract clauses based on legal regulations. If you cannot determine compliance directly, refer to the provided regulations for reasoning. Follow these steps:
1. Identify the key content and regulations of the contract clause.
2. Compare it with relevant laws to check for compliance.
3. Ensure logical consistency in your response. If uncertain, use the law for further reasoning.
4. Based on the analysis, respond with only "Compliant" or "Non-Compliant."
|
Contract Clause:「賣方保證產權清楚，絕無一物數賣、無權占有他人土地、承攬人依民法第五百一十三條行使法定抵押權或設定他項權利等情事之一，如有上述情形，賣方應於本預售屋交屋日或其他約定之期日 前負責排除、塗銷之。但本契約有利於買方者，從其約定。」
Relevant Regulations: 「[(1715, 'Where the registration of change on any inherited land or constructional improvement thereon has not been applied for after one year following the inheritance, the competent Special Municipal or County (City) Land Administration Agency shall publicly announce that the inheritors shall apply for the registration of change within three months, and shall notify the inheritors in writing. The competent Land Office may take over the management of the said land and make a detailed statement in tabulated form on the case, if the inheritors fail to apply within the said time limit. But if the applicant is not responsible for the cause of such failure, that time limit shall not be taken into account.\nThe duration of the management referred to in the preceding paragraph shall not be more than 15 years. If the registration of change of the inherited land or constructional improvement still has not been applied for after 15 years, the competent Land Office shall transfer them together with a list to the National Property Administration, Ministry of Finance for public tendering and notify the inheritors in writing. Any inheritor or third party who has unlawfully taken possession of the land shall forfeit his right of possession after sale by tender. If the inherited land or constructional improvements have been under a lease for more than five years, the lease shall not be for more than five years after public tendering.\nThe sale by tender of the land or constructional improvement according to Paragraph two shall be publicly announced for 3 months, and the inheritors, lawful occupants, or other co-owners shall have preferential right to purchase the area occupied by them in the said order. But the preferential right shall be deemed to have been waived if the holder does not express his intention to make the purchase within 30 days of the closure of the sale by tender.\nA special account shall be set up in the National Treasury to keep the proceeds from the sale by tender, and the inheritor may withdraw his lawful share accordingly. The proceeds, if no inheritor withdraws within 10 years, shall belong to the National Treasury.\nThe National Property Administration, Ministry of Finance shall choose another time to re-tender the land or constructional improvement referred to in Paragraph two, if there is no buyer, or the highest price bid by a buyer is lower than the lowest offer price. The National Property Administration, Ministry of Finance shall consider reducing the offer price for re-tender. The reduction shall not be more than 20 per cent. If a sale by tender fails for the fifth time, then the land or constructional improvement shall be registered as state owned, and the forfeiture of the right of possession, and the limit of duration to the lease provided by the second half of Paragraph two shall, mutatis mutandis, apply. The original obligee may, by furnishing documentary evidence, apply to the National Property Administration, Ministry of Finance for the withdrawal of proceeds according to his lawful share of the inheritance, from the specific account referred to in Paragraph four, within 10 years from the completion of registration. After the claim is proved to be correct by examination, the amount calculated based on the base offering price of the land or constructional improvement at the fifth sale by tender shall be given, if there is no objection filed during the public announcement period.', 0.8601213), (1655, 'Lands of the following descriptions shall not be transferred or leased to foreigners, nor may encumbrance on them be created in favor of foreigners:\n(1)Forest lands.\n(2)Fisheries.\n(3)Hunting grounds.\n(4)Salt fields.\n(5)Lands with mineral deposit.\n(6)Sources of water.\n(7)Lands lying within fortified and military areas and lands adjacent to the national frontiers.\nThe transfer referred to in the preceding paragraph shall not include the acquisition of land through inheritance. But the said land shall be disposed of to Chinese nationals within three years after the completion of the registration of inheritance. If the land is not duly disposed of within this time limit, the competent Special Municipal or County (City) Administration Agency shall transfer it to the National Property Bureau for public tendering. The procedure for public tendering provided by Article 73-1 shall, mutatis mutandis, apply.\nThe provisions referred to in the preceding paragraph shall, mutatis mutandis, apply to the acquisition of land, listed in (1) to (7) above, through inheritance before the revision of this Act, where the registration of inheritance has not yet been completed.', 0.85986674), (1970, 'The brokerage agency, which violates this act, shall be penalized according to the following regulations：\n1. Those who violate Article 7 (6) , Article 11, Article 17, Article 19 (1) , Article 21 (1) and (2) or Article 22 (1) shall be fined from sixty thousand to three hundred thousand NT dollars by the competent authority of municipal or county (city).\n2. Those who violate paragraph 2 of Article 24-1 by failing to declare real estate transaction information in accordance with the deadlines or declaring the incorrect price or area information, shall be fined by the competent authority of municipal or county (city) per household (unit) from thirty thousand to one hundred and fifty thousand NT dollars and rectified within the time limit. When they fail to do so, a fine should be imposed each time the violation occurs. After being punished twice, they should be fined from three hundred thousand to one million NT dollars.\n3. Those who violate paragraph 2 of Article 24-1 by failing to report the consigned contract, violate paragraph 6 of Article 24-1 by evading, hindering or refusing the inspection, or violate Article 24-2 should be fined from thirty thousand to one hundred and fifty thousand NT dollars by the competent authority of municipal or county (city).\n4. Those who violate Article 12, Article 18, Article 20, or Article 27 and who have not rectified themselves within the time limit given by the competent authority of municipal or county (city) shall be fined from thirty thousand to one hundred and fifty thousand NT dollars.\n5. Those who violate paragraph 1 of Article 24-1 by failing to declare current transaction information in accordance with the deadline or declaring the incorrect rental or area information, shall be fined from ten thousand to fifty thousand NT dollars by the competent authority of municipal or county (city).\n6. Those who violate paragraph 1 or 2 of Article 24-1 by declaring the incorrect information except rental, price or area information, and who have not rectified themselves within the time limit given by the competent authority of municipal or county (city) shall be fined from six thousand to thirty thousand NT dollars.\n7. Those who violate Article 7 (3), (4) or Article 8 (4) shall be suspended by the competent authority of municipal or county (city). Suspension of business shall not be lifted until the brokerage agency makes up the guaranty bond. Nevertheless, if suspension of business lasts for one year, the permit of the brokerage agency shall be revoked.\nThe brokerage agencies that are fined according to the subparagraph 1, 3 to 6 in the preceding paragraph and who have not rectified themselves within the time limit given by the competent authority shall be penalized each time.\nFinancial institutions or parties to the transactions violate paragraph 6 of Article 24-1 by evading, hindering or refusing the inspection should be fined from thirty thousand to one hundred and fifty thousand NT dollars and rectified within the time limit. When they fail to do so, a fine should be imposed each time the violation occurs.', 0.8555546)]」
Note: Respond with only "Compliant" or "Non-Compliant."
| Compliant |
You are a professional contract compliance reviewer. Evaluate the compliance of contract clauses based on legal regulations. If you cannot determine compliance directly, refer to the provided regulations for reasoning. Follow these steps:
1. Identify the key content and regulations of the contract clause.
2. Compare it with relevant laws to check for compliance.
3. Ensure logical consistency in your response. If uncertain, use the law for further reasoning.
4. Based on the analysis, respond with only "Compliant" or "Non-Compliant."
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Contract Clause:「買方自動放棄辦理貸款或提出任何理由阻止或暫緩金融機構撥款予賣方者。」
Relevant Regulations: 「[(472, 'The lessee shall, at the end of the lease, return the thing leased. If the thing leased possesses productivity, he shall return to the lessor and maintain the thing in a state of normal productivity.', 0.83446336), (1970, 'The brokerage agency, which violates this act, shall be penalized according to the following regulations：\n1. Those who violate Article 7 (6) , Article 11, Article 17, Article 19 (1) , Article 21 (1) and (2) or Article 22 (1) shall be fined from sixty thousand to three hundred thousand NT dollars by the competent authority of municipal or county (city).\n2. Those who violate paragraph 2 of Article 24-1 by failing to declare real estate transaction information in accordance with the deadlines or declaring the incorrect price or area information, shall be fined by the competent authority of municipal or county (city) per household (unit) from thirty thousand to one hundred and fifty thousand NT dollars and rectified within the time limit. When they fail to do so, a fine should be imposed each time the violation occurs. After being punished twice, they should be fined from three hundred thousand to one million NT dollars.\n3. Those who violate paragraph 2 of Article 24-1 by failing to report the consigned contract, violate paragraph 6 of Article 24-1 by evading, hindering or refusing the inspection, or violate Article 24-2 should be fined from thirty thousand to one hundred and fifty thousand NT dollars by the competent authority of municipal or county (city).\n4. Those who violate Article 12, Article 18, Article 20, or Article 27 and who have not rectified themselves within the time limit given by the competent authority of municipal or county (city) shall be fined from thirty thousand to one hundred and fifty thousand NT dollars.\n5. Those who violate paragraph 1 of Article 24-1 by failing to declare current transaction information in accordance with the deadline or declaring the incorrect rental or area information, shall be fined from ten thousand to fifty thousand NT dollars by the competent authority of municipal or county (city).\n6. Those who violate paragraph 1 or 2 of Article 24-1 by declaring the incorrect information except rental, price or area information, and who have not rectified themselves within the time limit given by the competent authority of municipal or county (city) shall be fined from six thousand to thirty thousand NT dollars.\n7. Those who violate Article 7 (3), (4) or Article 8 (4) shall be suspended by the competent authority of municipal or county (city). Suspension of business shall not be lifted until the brokerage agency makes up the guaranty bond. Nevertheless, if suspension of business lasts for one year, the permit of the brokerage agency shall be revoked.\nThe brokerage agencies that are fined according to the subparagraph 1, 3 to 6 in the preceding paragraph and who have not rectified themselves within the time limit given by the competent authority shall be penalized each time.\nFinancial institutions or parties to the transactions violate paragraph 6 of Article 24-1 by evading, hindering or refusing the inspection should be fined from thirty thousand to one hundred and fifty thousand NT dollars and rectified within the time limit. When they fail to do so, a fine should be imposed each time the violation occurs.', 0.8267917), (1930, 'The competent authority may order any enterprise that violates Article 21, Article 23 to Article 25 to cease therefrom, rectify its conduct or take necessary corrective action within the time prescribed in the order; in addition, it may assess upon such enterprise an administrative penalty of not less than fifty thousand nor more than twenty-five million New Taiwan Dollars. Shall such enterprise fails to cease therefrom, rectify the conduct or take any necessary corrective action after the lapse of the prescribed period, the competent authority may continue to order such enterprise to cease therefrom, rectify the conduct or take any necessary corrective action within the time prescribed in the order, and each time may successively assess thereupon an administrative penalty of not less than one hundred thousand nor more than fifty million New Taiwan Dollars until its ceasing therefrom, rectifying its conduct or taking the necessary corrective action.', 0.8267455)]」
Note: Respond with only "Compliant" or "Non-Compliant."
| Non-Compliant |
You are a professional contract compliance reviewer. Evaluate the compliance of contract clauses based on legal regulations. If you cannot determine compliance directly, refer to the provided regulations for reasoning. Follow these steps:
1. Identify the key content and regulations of the contract clause.
2. Compare it with relevant laws to check for compliance.
3. Ensure logical consistency in your response. If uncertain, use the law for further reasoning.
4. Based on the analysis, respond with only "Compliant" or "Non-Compliant."
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Contract Clause:「前款之轉讓，除配偶、直系血親間之轉讓免手續費外，賣方得向買方收取本契約房地總價款千分之 1 （最高以千分之一為限）之手續費。」
Relevant Regulations: 「[(1910, 'No enterprise shall make or use false or misleading representations or symbols on the matter that is relevant to goods and is sufficient to affect trading decisions on goods or in advertisements, or in any other way make it known to the public.\nThe matter, referred to in the preceding paragraph that is relevant to the goods, and is sufficient to affect trading decisions, includes: price, quantity, quality, content, production process, production date, valid period, method of use, purpose of use, place of origin, manufacturer, place of manufacturing, processor, place of processing, or any other relevant item that has touting effects.\nNo enterprise shall sell, transport, export or import goods bearing false or misleading representations referred to in the preceding paragraph.\nThe preceding three paragraphs shall apply mutatis mutandis to services provided by an enterprise.\nWhere any advertising agency makes or designs any advertisement that it knows or should have known to be misleading, it shall be jointly and severally liable with the principal of such advertisement for damages arising therefrom. Where any advertising medium communicates or publishes any advertisement that it knows or should have known to be likely to mislead the public, it shall be jointly and severally liable with the principal of such advertisement for the damages arising therefrom. Where any endorser provides any testimonials that he knows or should have known to be likely to mislead the public, he shall be jointly and severally liable with the principal of such advertisement for damages arising therefrom. However, endorsers who are not celebrities, specialists or organizations shall be held jointly and severally liable with the advertiser for only up to 10 times of the reward they have received from the advertiser.\nThe endorser set forth in the preceding paragraph shall refer to any person or organization, other than the principal of the advertisement, who expresses opinions, trust, findings, or results of personal experiences with regard to the goods or services .', 0.8188987), (1049, 'Where the land and the building thereon are owned by the same person, and the dian is only created on the land, a lease relationship is presumed to exist between the dian-holder and the owner of the building during the existence of the dian or the building. If the dian is only created on the building, a lease relationship is presumed to exist between dian-holder and the landowner within the duration of the dian. If the dian is created on the land and the building respectively, a lease relationship is presumed to exist between the dian-holders within the duration of both dian.\nIn the case of the preceding paragraph, if the sum of the rental cannot be agreed upon by the parties, they can apply to a court for a judgment to determine it.\nWhere the dian is created according to the first paragraph, and the dian-holder acquiring the ownership of the property dianed according to the provisions of the second paragraph of Article 913, the second paragraph of Article 923 and Article 924 results in the land and the building owned by different person, the provision of Article 838-1 shall be applied.', 0.8179233), (1900, 'Any merger that falls within any of the following circumstances shall be filed with the competent authority in advance:\n1. as a result of the merger the enterprise(s) will have one third of the market share;\n2. one of the enterprises in the merger has one fourth of the market share; or\n3. sales for the preceding fiscal year of one of the enterprises in the merger exceeds the threshold amount publicly announced by the competent authority.\nThe threshold amount of the sales referred to in Subparagraph 3 of the preceding paragraph shall include the sales amount of an enterprise that is controlled by, controlling, or affiliated with the enterprise in the merger, and of an enterprise where both it and the enterprise in the merger are controlled by the same enterprise or enterprises. The calculation method shall be publically announced by the competent authority.\nA person or a group that has controlling interest in an enterprise is deemed as an enterprise pertinent to the provisions of this Act with regards to merger.\nThe controlling interest as referred to in the preceding paragraph means that the person or the group, as referred to in the preceding paragraph, and their related persons, hold a majority of the total number of outstanding voting shares or the total capital of the said enterprise.\nThe scope of the related persons as referred to in the preceding paragraph is defined as follows:\n1. The same natural person, and the natural person’s spouse, as well as the person’s blood relatives within the second degree of kinship.\n2. An enterprise in which the person, referred to in the preceding subparagraph, holds more than one half of the total number of outstanding voting shares or total capital.\n3. An enterprise in which the person, referred to in Subparagraph 1, acts as its chairman, president or the director representing a majority of directors.\n4. The same group and its representative, manager, or any other person with representing authority, and his/her spouse, as well as his/her blood relatives within the second degree of kinship.\n5. The same group and the enterprise in which the natural person of the preceding subparagraph holds more than one half of the total number of outstanding voting shares or total capital.\nThe sales amount as referred to in Paragraph 1 Subparagraph 3 shall be announced separately by the competent authority in different industries.\nEnterprises shall not proceed to merge within a period of 30 working days starting from the date the competent authority accepts the complete filing materials, provided that the competent authority may shorten or extend the period as it deems necessary and notifies in writing the filing enterprise of such change.\nWhere the competent authority extends the period in accordance with the proviso of the preceding paragraph, such extension may not exceed 60 working days; for cases of extension, decisions on the filing shall be made in accordance with the provisions of Article 13.\nWhere the competent authority fails to notify of the extension as referred to in the proviso of Paragraph 7 or make any decision as referred to in the preceding paragraph before the period expires, the enterprises may proceed to merge provided that the merger may not proceed under any of the following circumstances:\n1. Where the filing enterprises consent to a further extension of the period.\n2. Where the filing contains any false or misleading item.\nThe competent authority may ask for external opinions for the merger filed, and if necessary, entrust the academic research institutions to provide the opinion of the industrial economic analysis. Provided that one of the enterprises in the merger does not agree to the merger, the competent authority shall provide the cause of the merger to it and ask for its opinion.\nThe competent authority shall make a decision of the merger of the proviso of the preceding paragraph in accordance with the provisions of Article 13.', 0.81755644)]」
Note: Respond with only "Compliant" or "Non-Compliant."
| Non-Compliant |
You are a professional contract compliance reviewer. Evaluate the compliance of contract clauses based on legal regulations. If you cannot determine compliance directly, refer to the provided regulations for reasoning. Follow these steps:
1. Identify the key content and regulations of the contract clause.
2. Compare it with relevant laws to check for compliance.
3. Ensure logical consistency in your response. If uncertain, use the law for further reasoning.
4. Based on the analysis, respond with only "Compliant" or "Non-Compliant."
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Contract Clause:「屋頂平台及突出物
共有部分之屋頂突出物及屋頂避難平台，不得為約定專用部分，除法令另有規定外，不得作為其他使用。」
Relevant Regulations: 「[(1900, 'Any merger that falls within any of the following circumstances shall be filed with the competent authority in advance:\n1. as a result of the merger the enterprise(s) will have one third of the market share;\n2. one of the enterprises in the merger has one fourth of the market share; or\n3. sales for the preceding fiscal year of one of the enterprises in the merger exceeds the threshold amount publicly announced by the competent authority.\nThe threshold amount of the sales referred to in Subparagraph 3 of the preceding paragraph shall include the sales amount of an enterprise that is controlled by, controlling, or affiliated with the enterprise in the merger, and of an enterprise where both it and the enterprise in the merger are controlled by the same enterprise or enterprises. The calculation method shall be publically announced by the competent authority.\nA person or a group that has controlling interest in an enterprise is deemed as an enterprise pertinent to the provisions of this Act with regards to merger.\nThe controlling interest as referred to in the preceding paragraph means that the person or the group, as referred to in the preceding paragraph, and their related persons, hold a majority of the total number of outstanding voting shares or the total capital of the said enterprise.\nThe scope of the related persons as referred to in the preceding paragraph is defined as follows:\n1. The same natural person, and the natural person’s spouse, as well as the person’s blood relatives within the second degree of kinship.\n2. An enterprise in which the person, referred to in the preceding subparagraph, holds more than one half of the total number of outstanding voting shares or total capital.\n3. An enterprise in which the person, referred to in Subparagraph 1, acts as its chairman, president or the director representing a majority of directors.\n4. The same group and its representative, manager, or any other person with representing authority, and his/her spouse, as well as his/her blood relatives within the second degree of kinship.\n5. The same group and the enterprise in which the natural person of the preceding subparagraph holds more than one half of the total number of outstanding voting shares or total capital.\nThe sales amount as referred to in Paragraph 1 Subparagraph 3 shall be announced separately by the competent authority in different industries.\nEnterprises shall not proceed to merge within a period of 30 working days starting from the date the competent authority accepts the complete filing materials, provided that the competent authority may shorten or extend the period as it deems necessary and notifies in writing the filing enterprise of such change.\nWhere the competent authority extends the period in accordance with the proviso of the preceding paragraph, such extension may not exceed 60 working days; for cases of extension, decisions on the filing shall be made in accordance with the provisions of Article 13.\nWhere the competent authority fails to notify of the extension as referred to in the proviso of Paragraph 7 or make any decision as referred to in the preceding paragraph before the period expires, the enterprises may proceed to merge provided that the merger may not proceed under any of the following circumstances:\n1. Where the filing enterprises consent to a further extension of the period.\n2. Where the filing contains any false or misleading item.\nThe competent authority may ask for external opinions for the merger filed, and if necessary, entrust the academic research institutions to provide the opinion of the industrial economic analysis. Provided that one of the enterprises in the merger does not agree to the merger, the competent authority shall provide the cause of the merger to it and ask for its opinion.\nThe competent authority shall make a decision of the merger of the proviso of the preceding paragraph in accordance with the provisions of Article 13.', 0.8507147), (1970, 'The brokerage agency, which violates this act, shall be penalized according to the following regulations：\n1. Those who violate Article 7 (6) , Article 11, Article 17, Article 19 (1) , Article 21 (1) and (2) or Article 22 (1) shall be fined from sixty thousand to three hundred thousand NT dollars by the competent authority of municipal or county (city).\n2. Those who violate paragraph 2 of Article 24-1 by failing to declare real estate transaction information in accordance with the deadlines or declaring the incorrect price or area information, shall be fined by the competent authority of municipal or county (city) per household (unit) from thirty thousand to one hundred and fifty thousand NT dollars and rectified within the time limit. When they fail to do so, a fine should be imposed each time the violation occurs. After being punished twice, they should be fined from three hundred thousand to one million NT dollars.\n3. Those who violate paragraph 2 of Article 24-1 by failing to report the consigned contract, violate paragraph 6 of Article 24-1 by evading, hindering or refusing the inspection, or violate Article 24-2 should be fined from thirty thousand to one hundred and fifty thousand NT dollars by the competent authority of municipal or county (city).\n4. Those who violate Article 12, Article 18, Article 20, or Article 27 and who have not rectified themselves within the time limit given by the competent authority of municipal or county (city) shall be fined from thirty thousand to one hundred and fifty thousand NT dollars.\n5. Those who violate paragraph 1 of Article 24-1 by failing to declare current transaction information in accordance with the deadline or declaring the incorrect rental or area information, shall be fined from ten thousand to fifty thousand NT dollars by the competent authority of municipal or county (city).\n6. Those who violate paragraph 1 or 2 of Article 24-1 by declaring the incorrect information except rental, price or area information, and who have not rectified themselves within the time limit given by the competent authority of municipal or county (city) shall be fined from six thousand to thirty thousand NT dollars.\n7. Those who violate Article 7 (3), (4) or Article 8 (4) shall be suspended by the competent authority of municipal or county (city). Suspension of business shall not be lifted until the brokerage agency makes up the guaranty bond. Nevertheless, if suspension of business lasts for one year, the permit of the brokerage agency shall be revoked.\nThe brokerage agencies that are fined according to the subparagraph 1, 3 to 6 in the preceding paragraph and who have not rectified themselves within the time limit given by the competent authority shall be penalized each time.\nFinancial institutions or parties to the transactions violate paragraph 6 of Article 24-1 by evading, hindering or refusing the inspection should be fined from thirty thousand to one hundred and fifty thousand NT dollars and rectified within the time limit. When they fail to do so, a fine should be imposed each time the violation occurs.', 0.83478504), (1899, 'The term "merger" as used in this Act means any one of the following conditions:\n1. where an enterprise and another enterprise are merged into one;\n2. where an enterprise holds or acquires the shares or capital contributions of another enterprise to an extent of more than one third of the total number of voting shares or total capital of such other enterprise;\n3. where an enterprise is assigned by or leases from another enterprise the whole or the major part of the business or assets of such other enterprise;\n4. where an enterprise operates jointly with another enterprise on a regular basis or is entrusted by another enterprise to operate the latter\'s business; or\n5. where an enterprise directly or indirectly controls the business operation or the appointment or discharge of personnel of another enterprise.\nIn computing the shares or capital contributions referred to in subparagraph 2 of the preceding paragraph, the shares or capital contributions held or acquired by an enterprise that is controlled by, controlling, or affiliated with the acquiring enterprise, and by an enterprise where both it and the acquiring enterprise are controlled by the same enterprise or enterprises shall be included.', 0.8342006)]」
Note: Respond with only "Compliant" or "Non-Compliant."
| Compliant |
You are a professional contract compliance reviewer. Evaluate the compliance of contract clauses based on legal regulations. If you cannot determine compliance directly, refer to the provided regulations for reasoning. Follow these steps:
1. Identify the key content and regulations of the contract clause.
2. Compare it with relevant laws to check for compliance.
3. Ensure logical consistency in your response. If uncertain, use the law for further reasoning.
4. Based on the analysis, respond with only "Compliant" or "Non-Compliant."
|
Contract Clause:「Article 4: Shared Area Items, Total Area, and Allocation Ratio Calculation. There is a conflict between the total shared area and total exclusive area data in this 'mixed-use building'.」
Relevant Regulations: 「[(861, 'A condominium building is a building that is partitioned by several persons. Each of these persons owns an individual unit of it and has individual ownership of the individual unit, and the common elements of the building and its accessories is held tenancy in common by all the owners.\nThe individual unit which is a part of a condominium building, provided in the preceding paragraph, means the property that is independent both in construction and in use, is the object of individual ownership. The common elements means the property excluding the individual units of a condominium.\nThe individual unit, under the permission of its owner, may be jointly used by all the owners of the condominium by master lease. The common elements, unless the statutes provides otherwise, may be used by specific owners of the condominium by master lease.\nThe owner’s share to the common elements of the building and the land on which the building is erected is decided by the ratio of his own individual unit to the total of the individual units, if it is otherwise provided by master deed, such deed shall be followed.\nThe individual unit and its dependent rights of the common elements of the building with the land on which the building is erected, shall not separately transfers or establishing encumbrances.', 0.8389913), (879, 'When a personal property belonging to one person is attached to a personal property belonging to another person in such a way that they cannot be separated without damage or can only be separated through the incurring of excessive expenses, both owners shall jointly own the composition in proportion to the value of each personal property at the time they were attached.\nIf one of the personal properties attached as specified in the preceding paragraph can be deemed to be the principal thing, the owner of such principal thing acquires the ownership of the composition.', 0.8223845), (891, 'The partition of the thing held in indivision can be made in accordance with the method agreed by all the co-owners.\nIf the method of partition cannot be agreed upon, or the co-owner refuses to fulfill the deed of partition because of the completion of the prescription after making an agreement, the court may, on the application of any of the co-owners, order such partition to be made according to either of the following:\n(1) The distribution of the thing held in indivision itself to every co-owner. If it is difficult to distribute the thing held in indivision itself to every co-owne, the thing held in indivision itself can be distributed to some of the co-owners.\n(2) The sale of the thing held in indivision and the distribution of the net proceeds to the co-owners, if there is an obvious difficulty in distributing the thing held in indivision itself. The distribution of some parts of the thing held in indivision to every co-owner, together with the sale of other parts of the thing held in indivision and its distribution of net proceeds to every co-owner.\nIn the case of the distribution of the thing held in indivision itself, if some of the co-owners can not receive a distribution or cannot receive a distribution in proportion to their own shares, they may be compensated in money.\nIn the case of the distribution of the thing held in indivision itself, the thing held in indivision can be partially maintained in indivision in consideration of the interests of the co-owners or other necessary circumstances.\nIf the same group of co-owners owns several real properties, unless otherwise provided by the statute, the co-owner is entitled to claim to merge and then partition.\nIf the co-owners of several adjacent real properties are partially the same, the co-owner who owns a share to each real property is entitled to claim to merge and then partition with the consent of other co-owners whose holding of ownership are more than half of the total share of each real property according to the preceding paragraph. However, if the court considers that to merge and then partition is improper, it may still be partitioned respectively.\nIn the case of the sale of the thing held in indivision, under the same terms and conditions, the co-owners have the right of first purchasing to buy the thing held in indivision, unless the buyer is another co-owner. If two co-owners are willing to exercise the right of first purchasing, the buyer shall be decided by drawing lots.', 0.8208264)]」
Note: Respond with only "Compliant" or "Non-Compliant."
| Non-Compliant |
You are a professional contract compliance reviewer. Evaluate the compliance of contract clauses based on legal regulations. If you cannot determine compliance directly, refer to the provided regulations for reasoning. Follow these steps:
1. Identify the key content and regulations of the contract clause.
2. Compare it with relevant laws to check for compliance.
3. Ensure logical consistency in your response. If uncertain, use the law for further reasoning.
4. Based on the analysis, respond with only "Compliant" or "Non-Compliant."
|
Contract Clause:「表」
Relevant Regulations: 「[(890, 'Unless otherwise provided by the statutes, each co-owner is entitled to demand at any time the partition of the thing held in indivision, except in consequence of the purpose of using such thing that makes partition impossible, or a covenant that provides a period of non-partition.\nThe period of non-partition of such covenant as specified in the preceding paragraph shall not exceed five years. Where a period exceeding five years has been agreed upon, it shall be reduced to five years. However, if the covenant of the real property held in indivision has an agreement on the management, the period of non-partition shall not exceed thirty years. Where a period exceeding thirty years has been agreed upon, it shall be reduced to thirty years.\nIn the case of the preceding paragraph, if there is significant cause, each co-owner is still entitled to demand at any time the partition of the thing held in indivision,', 0.8052325), (1910, 'No enterprise shall make or use false or misleading representations or symbols on the matter that is relevant to goods and is sufficient to affect trading decisions on goods or in advertisements, or in any other way make it known to the public.\nThe matter, referred to in the preceding paragraph that is relevant to the goods, and is sufficient to affect trading decisions, includes: price, quantity, quality, content, production process, production date, valid period, method of use, purpose of use, place of origin, manufacturer, place of manufacturing, processor, place of processing, or any other relevant item that has touting effects.\nNo enterprise shall sell, transport, export or import goods bearing false or misleading representations referred to in the preceding paragraph.\nThe preceding three paragraphs shall apply mutatis mutandis to services provided by an enterprise.\nWhere any advertising agency makes or designs any advertisement that it knows or should have known to be misleading, it shall be jointly and severally liable with the principal of such advertisement for damages arising therefrom. Where any advertising medium communicates or publishes any advertisement that it knows or should have known to be likely to mislead the public, it shall be jointly and severally liable with the principal of such advertisement for the damages arising therefrom. Where any endorser provides any testimonials that he knows or should have known to be likely to mislead the public, he shall be jointly and severally liable with the principal of such advertisement for damages arising therefrom. However, endorsers who are not celebrities, specialists or organizations shall be held jointly and severally liable with the advertiser for only up to 10 times of the reward they have received from the advertiser.\nThe endorser set forth in the preceding paragraph shall refer to any person or organization, other than the principal of the advertisement, who expresses opinions, trust, findings, or results of personal experiences with regard to the goods or services .', 0.7990282), (1715, 'Where the registration of change on any inherited land or constructional improvement thereon has not been applied for after one year following the inheritance, the competent Special Municipal or County (City) Land Administration Agency shall publicly announce that the inheritors shall apply for the registration of change within three months, and shall notify the inheritors in writing. The competent Land Office may take over the management of the said land and make a detailed statement in tabulated form on the case, if the inheritors fail to apply within the said time limit. But if the applicant is not responsible for the cause of such failure, that time limit shall not be taken into account.\nThe duration of the management referred to in the preceding paragraph shall not be more than 15 years. If the registration of change of the inherited land or constructional improvement still has not been applied for after 15 years, the competent Land Office shall transfer them together with a list to the National Property Administration, Ministry of Finance for public tendering and notify the inheritors in writing. Any inheritor or third party who has unlawfully taken possession of the land shall forfeit his right of possession after sale by tender. If the inherited land or constructional improvements have been under a lease for more than five years, the lease shall not be for more than five years after public tendering.\nThe sale by tender of the land or constructional improvement according to Paragraph two shall be publicly announced for 3 months, and the inheritors, lawful occupants, or other co-owners shall have preferential right to purchase the area occupied by them in the said order. But the preferential right shall be deemed to have been waived if the holder does not express his intention to make the purchase within 30 days of the closure of the sale by tender.\nA special account shall be set up in the National Treasury to keep the proceeds from the sale by tender, and the inheritor may withdraw his lawful share accordingly. The proceeds, if no inheritor withdraws within 10 years, shall belong to the National Treasury.\nThe National Property Administration, Ministry of Finance shall choose another time to re-tender the land or constructional improvement referred to in Paragraph two, if there is no buyer, or the highest price bid by a buyer is lower than the lowest offer price. The National Property Administration, Ministry of Finance shall consider reducing the offer price for re-tender. The reduction shall not be more than 20 per cent. If a sale by tender fails for the fifth time, then the land or constructional improvement shall be registered as state owned, and the forfeiture of the right of possession, and the limit of duration to the lease provided by the second half of Paragraph two shall, mutatis mutandis, apply. The original obligee may, by furnishing documentary evidence, apply to the National Property Administration, Ministry of Finance for the withdrawal of proceeds according to his lawful share of the inheritance, from the specific account referred to in Paragraph four, within 10 years from the completion of registration. After the claim is proved to be correct by examination, the amount calculated based on the base offering price of the land or constructional improvement at the fifth sale by tender shall be given, if there is no objection filed during the public announcement period.', 0.79608417)]」
Note: Respond with only "Compliant" or "Non-Compliant."
| Compliant |
You are a professional contract compliance reviewer. Evaluate the compliance of contract clauses based on legal regulations. If you cannot determine compliance directly, refer to the provided regulations for reasoning. Follow these steps:
1. Identify the key content and regulations of the contract clause.
2. Compare it with relevant laws to check for compliance.
3. Ensure logical consistency in your response. If uncertain, use the law for further reasoning.
4. Based on the analysis, respond with only "Compliant" or "Non-Compliant."
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Contract Clause:「買方繳清本契約所有之應付未付款(含交屋保留款)，如買賣價款、因變更設計增加之工程款、依前條應付稅規費、遲延利息及應預繳管理費等，並及完成一切交屋手續。」
Relevant Regulations: 「[(1910, 'No enterprise shall make or use false or misleading representations or symbols on the matter that is relevant to goods and is sufficient to affect trading decisions on goods or in advertisements, or in any other way make it known to the public.\nThe matter, referred to in the preceding paragraph that is relevant to the goods, and is sufficient to affect trading decisions, includes: price, quantity, quality, content, production process, production date, valid period, method of use, purpose of use, place of origin, manufacturer, place of manufacturing, processor, place of processing, or any other relevant item that has touting effects.\nNo enterprise shall sell, transport, export or import goods bearing false or misleading representations referred to in the preceding paragraph.\nThe preceding three paragraphs shall apply mutatis mutandis to services provided by an enterprise.\nWhere any advertising agency makes or designs any advertisement that it knows or should have known to be misleading, it shall be jointly and severally liable with the principal of such advertisement for damages arising therefrom. Where any advertising medium communicates or publishes any advertisement that it knows or should have known to be likely to mislead the public, it shall be jointly and severally liable with the principal of such advertisement for the damages arising therefrom. Where any endorser provides any testimonials that he knows or should have known to be likely to mislead the public, he shall be jointly and severally liable with the principal of such advertisement for damages arising therefrom. However, endorsers who are not celebrities, specialists or organizations shall be held jointly and severally liable with the advertiser for only up to 10 times of the reward they have received from the advertiser.\nThe endorser set forth in the preceding paragraph shall refer to any person or organization, other than the principal of the advertisement, who expresses opinions, trust, findings, or results of personal experiences with regard to the goods or services .', 0.84393734), (1039, 'The dian-holder shall use the property dianed and acquire the profit therefrom according to the nature of the property dianed, and shall maintain sustainable use for the property dianed maintained.\nIf the dian-holder violates the provision of the preceding paragraph, the dian-maker is entitled to redeem the property dianed if the dian-holder ignores his inhibition. If a mortgage is created on the dian, the mortgagee shall also been informed about such inhibition.', 0.8330804), (1715, 'Where the registration of change on any inherited land or constructional improvement thereon has not been applied for after one year following the inheritance, the competent Special Municipal or County (City) Land Administration Agency shall publicly announce that the inheritors shall apply for the registration of change within three months, and shall notify the inheritors in writing. The competent Land Office may take over the management of the said land and make a detailed statement in tabulated form on the case, if the inheritors fail to apply within the said time limit. But if the applicant is not responsible for the cause of such failure, that time limit shall not be taken into account.\nThe duration of the management referred to in the preceding paragraph shall not be more than 15 years. If the registration of change of the inherited land or constructional improvement still has not been applied for after 15 years, the competent Land Office shall transfer them together with a list to the National Property Administration, Ministry of Finance for public tendering and notify the inheritors in writing. Any inheritor or third party who has unlawfully taken possession of the land shall forfeit his right of possession after sale by tender. If the inherited land or constructional improvements have been under a lease for more than five years, the lease shall not be for more than five years after public tendering.\nThe sale by tender of the land or constructional improvement according to Paragraph two shall be publicly announced for 3 months, and the inheritors, lawful occupants, or other co-owners shall have preferential right to purchase the area occupied by them in the said order. But the preferential right shall be deemed to have been waived if the holder does not express his intention to make the purchase within 30 days of the closure of the sale by tender.\nA special account shall be set up in the National Treasury to keep the proceeds from the sale by tender, and the inheritor may withdraw his lawful share accordingly. The proceeds, if no inheritor withdraws within 10 years, shall belong to the National Treasury.\nThe National Property Administration, Ministry of Finance shall choose another time to re-tender the land or constructional improvement referred to in Paragraph two, if there is no buyer, or the highest price bid by a buyer is lower than the lowest offer price. The National Property Administration, Ministry of Finance shall consider reducing the offer price for re-tender. The reduction shall not be more than 20 per cent. If a sale by tender fails for the fifth time, then the land or constructional improvement shall be registered as state owned, and the forfeiture of the right of possession, and the limit of duration to the lease provided by the second half of Paragraph two shall, mutatis mutandis, apply. The original obligee may, by furnishing documentary evidence, apply to the National Property Administration, Ministry of Finance for the withdrawal of proceeds according to his lawful share of the inheritance, from the specific account referred to in Paragraph four, within 10 years from the completion of registration. After the claim is proved to be correct by examination, the amount calculated based on the base offering price of the land or constructional improvement at the fifth sale by tender shall be given, if there is no objection filed during the public announcement period.', 0.8309978)]」
Note: Respond with only "Compliant" or "Non-Compliant."
| Non-Compliant |
You are a professional contract compliance reviewer. Evaluate the compliance of contract clauses based on legal regulations. If you cannot determine compliance directly, refer to the provided regulations for reasoning. Follow these steps:
1. Identify the key content and regulations of the contract clause.
2. Compare it with relevant laws to check for compliance.
3. Ensure logical consistency in your response. If uncertain, use the law for further reasoning.
4. Based on the analysis, respond with only "Compliant" or "Non-Compliant."
|
Contract Clause:「地下層、屋頂及法定空地之使用方式及權屬 - 地下層停車位
本契約地下層共四層，大公總面積 18773.559 平方公尺（ 5679.002坪 ），扣除第四條所列地下層不具獨立權狀之停車空間以外之共有部分及依法令得為區分所有之標的者，其餘停車位面積(含車位、全部停車位所應分攤之部份車道及其他必要空間)計約 9985.598平方公尺（ 3020.643坪 ），由全部停車位買受人（所有人）依所購買之平面車位類型，共同分攤持分面積，賣方依法令以停車位應有部分（持分）設定專用使用權予本預售屋承購戶。」
Relevant Regulations: 「[(1970, 'The brokerage agency, which violates this act, shall be penalized according to the following regulations：\n1. Those who violate Article 7 (6) , Article 11, Article 17, Article 19 (1) , Article 21 (1) and (2) or Article 22 (1) shall be fined from sixty thousand to three hundred thousand NT dollars by the competent authority of municipal or county (city).\n2. Those who violate paragraph 2 of Article 24-1 by failing to declare real estate transaction information in accordance with the deadlines or declaring the incorrect price or area information, shall be fined by the competent authority of municipal or county (city) per household (unit) from thirty thousand to one hundred and fifty thousand NT dollars and rectified within the time limit. When they fail to do so, a fine should be imposed each time the violation occurs. After being punished twice, they should be fined from three hundred thousand to one million NT dollars.\n3. Those who violate paragraph 2 of Article 24-1 by failing to report the consigned contract, violate paragraph 6 of Article 24-1 by evading, hindering or refusing the inspection, or violate Article 24-2 should be fined from thirty thousand to one hundred and fifty thousand NT dollars by the competent authority of municipal or county (city).\n4. Those who violate Article 12, Article 18, Article 20, or Article 27 and who have not rectified themselves within the time limit given by the competent authority of municipal or county (city) shall be fined from thirty thousand to one hundred and fifty thousand NT dollars.\n5. Those who violate paragraph 1 of Article 24-1 by failing to declare current transaction information in accordance with the deadline or declaring the incorrect rental or area information, shall be fined from ten thousand to fifty thousand NT dollars by the competent authority of municipal or county (city).\n6. Those who violate paragraph 1 or 2 of Article 24-1 by declaring the incorrect information except rental, price or area information, and who have not rectified themselves within the time limit given by the competent authority of municipal or county (city) shall be fined from six thousand to thirty thousand NT dollars.\n7. Those who violate Article 7 (3), (4) or Article 8 (4) shall be suspended by the competent authority of municipal or county (city). Suspension of business shall not be lifted until the brokerage agency makes up the guaranty bond. Nevertheless, if suspension of business lasts for one year, the permit of the brokerage agency shall be revoked.\nThe brokerage agencies that are fined according to the subparagraph 1, 3 to 6 in the preceding paragraph and who have not rectified themselves within the time limit given by the competent authority shall be penalized each time.\nFinancial institutions or parties to the transactions violate paragraph 6 of Article 24-1 by evading, hindering or refusing the inspection should be fined from thirty thousand to one hundred and fifty thousand NT dollars and rectified within the time limit. When they fail to do so, a fine should be imposed each time the violation occurs.', 0.8358712), (1488, 'The type and content of registration information of the land and its price allowed for information release are as follows:\n(1)Type1: Complete registration information submitted by the registering party.\n(2)Type2: The registration information with concealed the registering party’s birth date, partial name and ID number, debtor and his/her debt amount proportion, obligor and other information of which concealment is regulated by law. But the registration of restriction, and name and ID number of the juridical person shall be released without concealment.\n(3)Type3：The registration information with concealed ID number and birth date of the registering party.\nThe registering party may apply for concealing his/her partial address of the registration information in previous Subparagraph 2, unless the administrator and the juridical person.\nThe registering party or other applicants entitled by law may apply for registration information regulated in Subparagraph 1 of Paragraph 1. Anyone may apply for the registration information regulated in Subparagraph 2 of Paragraph 1. The registering party, person who is legally obligated to inform, or interested person with acquirement, loss and alternation of rights and duties may apply for registration information regulated in Subparagraph 3 of Paragraph 1.\nTo apply for registration information of land and its price by a registration agent shall apply mutatis mutandis to Paragraph 1 of Article 37.', 0.8310133), (1715, 'Where the registration of change on any inherited land or constructional improvement thereon has not been applied for after one year following the inheritance, the competent Special Municipal or County (City) Land Administration Agency shall publicly announce that the inheritors shall apply for the registration of change within three months, and shall notify the inheritors in writing. The competent Land Office may take over the management of the said land and make a detailed statement in tabulated form on the case, if the inheritors fail to apply within the said time limit. But if the applicant is not responsible for the cause of such failure, that time limit shall not be taken into account.\nThe duration of the management referred to in the preceding paragraph shall not be more than 15 years. If the registration of change of the inherited land or constructional improvement still has not been applied for after 15 years, the competent Land Office shall transfer them together with a list to the National Property Administration, Ministry of Finance for public tendering and notify the inheritors in writing. Any inheritor or third party who has unlawfully taken possession of the land shall forfeit his right of possession after sale by tender. If the inherited land or constructional improvements have been under a lease for more than five years, the lease shall not be for more than five years after public tendering.\nThe sale by tender of the land or constructional improvement according to Paragraph two shall be publicly announced for 3 months, and the inheritors, lawful occupants, or other co-owners shall have preferential right to purchase the area occupied by them in the said order. But the preferential right shall be deemed to have been waived if the holder does not express his intention to make the purchase within 30 days of the closure of the sale by tender.\nA special account shall be set up in the National Treasury to keep the proceeds from the sale by tender, and the inheritor may withdraw his lawful share accordingly. The proceeds, if no inheritor withdraws within 10 years, shall belong to the National Treasury.\nThe National Property Administration, Ministry of Finance shall choose another time to re-tender the land or constructional improvement referred to in Paragraph two, if there is no buyer, or the highest price bid by a buyer is lower than the lowest offer price. The National Property Administration, Ministry of Finance shall consider reducing the offer price for re-tender. The reduction shall not be more than 20 per cent. If a sale by tender fails for the fifth time, then the land or constructional improvement shall be registered as state owned, and the forfeiture of the right of possession, and the limit of duration to the lease provided by the second half of Paragraph two shall, mutatis mutandis, apply. The original obligee may, by furnishing documentary evidence, apply to the National Property Administration, Ministry of Finance for the withdrawal of proceeds according to his lawful share of the inheritance, from the specific account referred to in Paragraph four, within 10 years from the completion of registration. After the claim is proved to be correct by examination, the amount calculated based on the base offering price of the land or constructional improvement at the fifth sale by tender shall be given, if there is no objection filed during the public announcement period.', 0.82814705)]」
Note: Respond with only "Compliant" or "Non-Compliant."
| Compliant |
You are a professional contract compliance reviewer. Evaluate the compliance of contract clauses based on legal regulations. If you cannot determine compliance directly, refer to the provided regulations for reasoning. Follow these steps:
1. Identify the key content and regulations of the contract clause.
2. Compare it with relevant laws to check for compliance.
3. Ensure logical consistency in your response. If uncertain, use the law for further reasoning.
4. Based on the analysis, respond with only "Compliant" or "Non-Compliant."
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Contract Clause:「買方授權委由賣方委刻印章壹枚，並於簽約之同時書立「委刻印章同意書」（附件八），以作為本約買賣之
（一）本戶房地產權移轉登記及抵押權設定之申請或變更
（二）稅捐申報及撤銷等相關手續之用
（三）申辦自來水、電過戶變更使用
（四）不動產成交案件實際資訊之申報（供代書配合實價登錄用）
(五) 提供本買賣契約書之用印(附件十二)。
賣方不得將本印章使用於上開授權範圍以外之用途。」
Relevant Regulations: 「[(1910, 'No enterprise shall make or use false or misleading representations or symbols on the matter that is relevant to goods and is sufficient to affect trading decisions on goods or in advertisements, or in any other way make it known to the public.\nThe matter, referred to in the preceding paragraph that is relevant to the goods, and is sufficient to affect trading decisions, includes: price, quantity, quality, content, production process, production date, valid period, method of use, purpose of use, place of origin, manufacturer, place of manufacturing, processor, place of processing, or any other relevant item that has touting effects.\nNo enterprise shall sell, transport, export or import goods bearing false or misleading representations referred to in the preceding paragraph.\nThe preceding three paragraphs shall apply mutatis mutandis to services provided by an enterprise.\nWhere any advertising agency makes or designs any advertisement that it knows or should have known to be misleading, it shall be jointly and severally liable with the principal of such advertisement for damages arising therefrom. Where any advertising medium communicates or publishes any advertisement that it knows or should have known to be likely to mislead the public, it shall be jointly and severally liable with the principal of such advertisement for the damages arising therefrom. Where any endorser provides any testimonials that he knows or should have known to be likely to mislead the public, he shall be jointly and severally liable with the principal of such advertisement for damages arising therefrom. However, endorsers who are not celebrities, specialists or organizations shall be held jointly and severally liable with the advertiser for only up to 10 times of the reward they have received from the advertiser.\nThe endorser set forth in the preceding paragraph shall refer to any person or organization, other than the principal of the advertisement, who expresses opinions, trust, findings, or results of personal experiences with regard to the goods or services .', 0.82514715), (1900, 'Any merger that falls within any of the following circumstances shall be filed with the competent authority in advance:\n1. as a result of the merger the enterprise(s) will have one third of the market share;\n2. one of the enterprises in the merger has one fourth of the market share; or\n3. sales for the preceding fiscal year of one of the enterprises in the merger exceeds the threshold amount publicly announced by the competent authority.\nThe threshold amount of the sales referred to in Subparagraph 3 of the preceding paragraph shall include the sales amount of an enterprise that is controlled by, controlling, or affiliated with the enterprise in the merger, and of an enterprise where both it and the enterprise in the merger are controlled by the same enterprise or enterprises. The calculation method shall be publically announced by the competent authority.\nA person or a group that has controlling interest in an enterprise is deemed as an enterprise pertinent to the provisions of this Act with regards to merger.\nThe controlling interest as referred to in the preceding paragraph means that the person or the group, as referred to in the preceding paragraph, and their related persons, hold a majority of the total number of outstanding voting shares or the total capital of the said enterprise.\nThe scope of the related persons as referred to in the preceding paragraph is defined as follows:\n1. The same natural person, and the natural person’s spouse, as well as the person’s blood relatives within the second degree of kinship.\n2. An enterprise in which the person, referred to in the preceding subparagraph, holds more than one half of the total number of outstanding voting shares or total capital.\n3. An enterprise in which the person, referred to in Subparagraph 1, acts as its chairman, president or the director representing a majority of directors.\n4. The same group and its representative, manager, or any other person with representing authority, and his/her spouse, as well as his/her blood relatives within the second degree of kinship.\n5. The same group and the enterprise in which the natural person of the preceding subparagraph holds more than one half of the total number of outstanding voting shares or total capital.\nThe sales amount as referred to in Paragraph 1 Subparagraph 3 shall be announced separately by the competent authority in different industries.\nEnterprises shall not proceed to merge within a period of 30 working days starting from the date the competent authority accepts the complete filing materials, provided that the competent authority may shorten or extend the period as it deems necessary and notifies in writing the filing enterprise of such change.\nWhere the competent authority extends the period in accordance with the proviso of the preceding paragraph, such extension may not exceed 60 working days; for cases of extension, decisions on the filing shall be made in accordance with the provisions of Article 13.\nWhere the competent authority fails to notify of the extension as referred to in the proviso of Paragraph 7 or make any decision as referred to in the preceding paragraph before the period expires, the enterprises may proceed to merge provided that the merger may not proceed under any of the following circumstances:\n1. Where the filing enterprises consent to a further extension of the period.\n2. Where the filing contains any false or misleading item.\nThe competent authority may ask for external opinions for the merger filed, and if necessary, entrust the academic research institutions to provide the opinion of the industrial economic analysis. Provided that one of the enterprises in the merger does not agree to the merger, the competent authority shall provide the cause of the merger to it and ask for its opinion.\nThe competent authority shall make a decision of the merger of the proviso of the preceding paragraph in accordance with the provisions of Article 13.', 0.82376504), (1903, 'The term "concerted action" as used in this Act means that competing enterprises at the same production and/or marketing stage, by means of contract, agreement or any other form of mutual understanding, jointly determine the price, technology, products, facilities, trading counterparts, or trading territory with respect to goods or services, or any other behavior that restricts each other\'s business activities, resulting in an impact on the market function with respect to production, trade in goods or supply and demand of services.\nThe term "any other form of mutual understanding" as used in the preceding Paragraph means other than contract or agreement, a meeting of minds whether legally binding or not which would in effect lead to joint actions.\nThe mutual understanding of the concerted action may be presumed by considerable factors, such as market condition, characteristics of the good or service, cost and profit considerations, and economic rationalization of the business conducts.\nThe act of a trade association or other groups, as referred to in Article 2 Paragraph 2, to restrict activities of enterprises by means of its charter, a resolution of a general meeting of members or a board meeting of directors or supervisors, or any other means, to restrict activities of enterprises is also deemed as concerted action as used in this Act.', 0.82270205)]」
Note: Respond with only "Compliant" or "Non-Compliant."
| Compliant |
You are a professional contract compliance reviewer. Evaluate the compliance of contract clauses based on legal regulations. If you cannot determine compliance directly, refer to the provided regulations for reasoning. Follow these steps:
1. Identify the key content and regulations of the contract clause.
2. Compare it with relevant laws to check for compliance.
3. Ensure logical consistency in your response. If uncertain, use the law for further reasoning.
4. Based on the analysis, respond with only "Compliant" or "Non-Compliant."
|
Contract Clause:「買方與本約房屋基地所有權人簽立之「預售屋買賣契約書(土地)」和本契約有不可分之連帶關係。故賣方同意就其對本契約房屋基地所有權人依「預售屋買賣契約書(土地)」所應履行之義務與本契約之義務負連帶責任。買方亦同意如買方違反「預售屋買賣契約書(土地)」第五條、第六條、第八條、第九條及特約條款第壹條第三款、第五款之約定時，視同亦違反本契約之第七條、第八條、第十八條、第十九條及特約事項第壹條第三款、第五款之約定。如買方喪失「預售屋買賣契約書(土地)」之權利時亦喪失本約之權利。相關違約之罰責亦同，如買方違反「預售屋買賣契約書(土地)」第五條、第六條、第八條、第九條及特約事項第壹條第三款、第五款約定而依約必需賠償賣方之損失時，視同亦違反本契約第七條、第八條、第十八條、第十九條及特約條款第壹條第三款、第五款之約定，並需依約賠償。」
Relevant Regulations: 「[(1655, 'Lands of the following descriptions shall not be transferred or leased to foreigners, nor may encumbrance on them be created in favor of foreigners:\n(1)Forest lands.\n(2)Fisheries.\n(3)Hunting grounds.\n(4)Salt fields.\n(5)Lands with mineral deposit.\n(6)Sources of water.\n(7)Lands lying within fortified and military areas and lands adjacent to the national frontiers.\nThe transfer referred to in the preceding paragraph shall not include the acquisition of land through inheritance. But the said land shall be disposed of to Chinese nationals within three years after the completion of the registration of inheritance. If the land is not duly disposed of within this time limit, the competent Special Municipal or County (City) Administration Agency shall transfer it to the National Property Bureau for public tendering. The procedure for public tendering provided by Article 73-1 shall, mutatis mutandis, apply.\nThe provisions referred to in the preceding paragraph shall, mutatis mutandis, apply to the acquisition of land, listed in (1) to (7) above, through inheritance before the revision of this Act, where the registration of inheritance has not yet been completed.', 0.8304436), (1505, 'When applying for registration, the presence in person of the concerned party is not required at the registration agency if any of the following conditions applies:\n(1) The obligee may solely apply for registration according to the provisions of Subparagraph 4 of Article 27;\n(2) The documents of evidence citing reasons for registration and the agreement have been notarized or certified according to laws;\n(3) The application is filed together with the cases borne with conditions described by the preceding subparagraph and all applications have the same obligors with the same seals to affix;\n(4) The documents of evidence citing reasons for registration have been examined and signed by a land registration agent according to law;\n(5) If the registering party is incapable, or restricted from presenting himself and such party’s legal representative has undertaken the role according to the provisions of Article 39, and personally represents the said party at the registration agency;\n(6) The registering party has created a land registration seal in the competent registration agency where the land is situated according to the Operation Rules of the Creation and Usage of land registration seal;\n(7) Aliens or overseas citizens authorize the third party to apply for registration, and the letters of authorization have been certified or verified by a consulate of the Republic of China;\n(8) The people of mainland China, Hong Kong or Macao authorize the third party to apply for registration, and the letters of authorization have been verified by any organization set up or appointed by the Executive Yuan, or by any private organization authorized by the Executive Yuan;\n(9) If an ancestral worship clan association authorizes its administrator for disposition and the contract has been notarized or certified according to laws;\n(10) The certification of seal, issued one year before the day the reasons for registration occurred, is furnished;\n(11) When land lots are consolidated, the difference of land value before and after the consolidation of each owner’s fair share is less than one square meter’s publicly announced current land value;\n(12) If the agreement of the initial registration of ownership of improvements bears the same seal of the obligee as that on the application form;\n(13) Where the registration of rectification is carried out according to the provisions of Paragraph 3 of Article 43, and the difference of land value before and after the rectification of each co-owner’s fair share is less than one square meter’s publicly announced current land value;\n(14) Where the registration is carried out under the names of the representatives elected by the originators of the establishment of any new legal person according to the provisions of Article 104;\n(15) If the online statement for land registration is made and the identity is verified with digital certification;\n(16) Any other exemptions from the personal presence of the parties concerned provided by the Central Land Administration.', 0.8279861), (1715, 'Where the registration of change on any inherited land or constructional improvement thereon has not been applied for after one year following the inheritance, the competent Special Municipal or County (City) Land Administration Agency shall publicly announce that the inheritors shall apply for the registration of change within three months, and shall notify the inheritors in writing. The competent Land Office may take over the management of the said land and make a detailed statement in tabulated form on the case, if the inheritors fail to apply within the said time limit. But if the applicant is not responsible for the cause of such failure, that time limit shall not be taken into account.\nThe duration of the management referred to in the preceding paragraph shall not be more than 15 years. If the registration of change of the inherited land or constructional improvement still has not been applied for after 15 years, the competent Land Office shall transfer them together with a list to the National Property Administration, Ministry of Finance for public tendering and notify the inheritors in writing. Any inheritor or third party who has unlawfully taken possession of the land shall forfeit his right of possession after sale by tender. If the inherited land or constructional improvements have been under a lease for more than five years, the lease shall not be for more than five years after public tendering.\nThe sale by tender of the land or constructional improvement according to Paragraph two shall be publicly announced for 3 months, and the inheritors, lawful occupants, or other co-owners shall have preferential right to purchase the area occupied by them in the said order. But the preferential right shall be deemed to have been waived if the holder does not express his intention to make the purchase within 30 days of the closure of the sale by tender.\nA special account shall be set up in the National Treasury to keep the proceeds from the sale by tender, and the inheritor may withdraw his lawful share accordingly. The proceeds, if no inheritor withdraws within 10 years, shall belong to the National Treasury.\nThe National Property Administration, Ministry of Finance shall choose another time to re-tender the land or constructional improvement referred to in Paragraph two, if there is no buyer, or the highest price bid by a buyer is lower than the lowest offer price. The National Property Administration, Ministry of Finance shall consider reducing the offer price for re-tender. The reduction shall not be more than 20 per cent. If a sale by tender fails for the fifth time, then the land or constructional improvement shall be registered as state owned, and the forfeiture of the right of possession, and the limit of duration to the lease provided by the second half of Paragraph two shall, mutatis mutandis, apply. The original obligee may, by furnishing documentary evidence, apply to the National Property Administration, Ministry of Finance for the withdrawal of proceeds according to his lawful share of the inheritance, from the specific account referred to in Paragraph four, within 10 years from the completion of registration. After the claim is proved to be correct by examination, the amount calculated based on the base offering price of the land or constructional improvement at the fifth sale by tender shall be given, if there is no objection filed during the public announcement period.', 0.82753325)]」
Note: Respond with only "Compliant" or "Non-Compliant."
| Compliant |
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