| 英文摘要 |
The civil liabilities for false financial reports can be very important in securities law. However, under Taiwan’s securities and exchange law, the consensus on how to calculate damages is lacking, thereby causing many troubles in judicial practice. Among them, how to find the real value under the “out-of-pocket” measure of damages, and whether to formulate different real values in these individual cases, are even more intractable. This article attempts to introduce the method of the Japan Financial Instruments and Exchange Act to calculate the difference between the average of the market prices of the respective dates that is one month before and one month after the correction of false information in order to calculate the amount of damages. This article also analyzes and demonstrates the advantages and disadvantages of this method of Japanese law from the aspects of Taiwan ROC’s civil law, American scholarly theories and the particular characteristics of Taiwan’s securities trading practice. The author sincerely hopes that in addition to the four traditional calculation methods, the abovementioned Japanese method can also be introduced to promote the development of securities law in Taiwan. |
