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    Please use this identifier to cite or link to this item: http://tkuir.lib.tku.edu.tw:8080/dspace/handle/987654321/105149

    Title: 我國離婚後扶養請求權法制再造之研析 : 德國之啟示
    Other Titles: The study on the legal restructure of custody claims after divorce in Taiwan : implication from Germany
    Authors: 洪文祥;Hong, Wen-hsiang
    Contributors: 淡江大學國際行銷碩士在職專班
    Keywords: 離婚;扶養請求權;法制再造;divorce;custody claims
    Date: 2015
    Issue Date: 2016-01-22 14:48:59 (UTC+8)
    Abstract: 觀諸我國自民國70年迄103年底之「粗離婚率」不斷提高,顯見離婚現象在我國可說已日漸普遍,離婚愈來愈有可能成為婚姻經營失敗所發生的結果,因此,離婚贍養費給付所涉及之財產分割問題,即愈顯重要。如何能尋找出合理給付贍養費方式,藉由學術研究以彌補實務缺失,自對國家法律制度有相當助益。
    From 1981 to the end of 2014, the “crude divorce rate” in Taiwan, ROC has been increasing significantly, indicating that the phenomenon has become rather common in Taiwan. Divorce is the result of the failure in marriage. Therefore, the issues of alimony payment and the division of properties have become more and more important. How to find out a reasonable method regarding the alimony payment? If we try to remedy the problems with findings derived from academic research, it will be beneficial to the legal system of our country.
    This thesis is divided into 6 chapters. Chapter 1 is the Introduction, including the motivation, purpose, and research framework of this thesis. Chapter 2 analyzes the issues of the management, history, and effectiveness of marriage. Chapter 3 delineates the theoretical foundation of the claims of child support in divorce cases. Chapter 4 discusses the legal system regarding the claims of child support in divorce cases in Germany, and provides the features of the German legal system for references. Chapter 5 offers suggestions for the reformation of the legal system of Taiwan, ROC and provides criticism on each of the shortcomings of Taiwan’s legal system. Chapter 6 is the conclusion and suggestion section of this thesis.
    Marriage is a lifelong bond between two people, who must be dedicated to maintaining it with effort. However, a problematic marriage may end up in divorce. As a result, claims and controversies regarding duties and rights arise. A minority choose to remain in a broken marriage not because they want to adhere to the relationship, they worry about survival after a divorce.
    Article 1057 of ROC Civil Code was enacted in 1930, and it has not been amended for 80 years. Does it comply with the needs of current social conditions? Is it over-simplified offering space for further discussion? This thesis examines related issues to find out better solutions.
    Appears in Collections:[國際企業學系暨研究所] 學位論文

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