Research and Comparison of Cross-Strait Travel Contract

• Main Authors: TSENG,YUN-TING, 曾筠婷
• Other Authors: JSENG,PIN-CHIEH
• Format: Others
• Language: zh-TW
• Published: 2018
• Online Access: http://ndltd.ncl.edu.tw/handle/6psqhw

碩士 === 國立中正大學 === 財經法律系研究所 === 106 === The travel contract is a common contract between personal. Therefore, when Taiwan’s Civil Code was amended in 1988, it’s officially incorporated the travel contract into Part II Obligations Section 8-1 Travel of Taiwan’s Civil Code, making the travel contract a nominated contract. As early as Taiwan in June 1997, the SEF and the ARATS signed the " Cross-Strait Agreement Concerning Mainland Tourists Traveling to Taiwan. " In July of the same year, the first voyage and the first tourism delegation of the cross-strait arrived in Taiwan, and the exchanges between the cross- strait were known. Frequently, China also issued the Travel Law in 2016. Therefore, it is necessary to compare the travel contracts between the cross-strait and related legal issues. This thesis firstly uses the International Convention on Travel Contract and the Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel arrangements to compare Taiwan’s Civil Code, and then uses the court’s Judgments, legislative purposes and doctrines to explain the definition of travel-related concept terms in Taiwan and China. The travel contract has many different situations for the disputes between tourists and the tourism industry due to the actual performance of the contract. Therefore, this thesis hopes to classify the common types of disputes in Taiwan, and then uses Tourism Law of the People's Republic of China and disputes in China to compare, also supplemented by the provisions of foreign legislation as a comparison or suggestion. Finally, uses the Information to Be and Not to Be Indicated in Standard Overseas Travel Contracts that announced by MOTC Jiao-Lu (Yi) Zi No. 10582003805 in 2016 September , corresponding to the Part II Obligations Section 8-1 Travel of Taiwan’s Civil Code. With regard to the relevant provisions, Taiwan can better handle the disputes in practice in recent years.