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|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|
|Keywords: ||離婚;扶養請求權;法制再造;divorce;custody claims|
|Issue Date: ||2016-01-22 14:48:59 (UTC+8)|
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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