A Study of Claims for Child Support in Taiwan
Date Issued
2007
Date
2007
Author(s)
Huang, Yu-Ling
Abstract
Most disputes about claims for child support generally occur at the time that the marriage relationship of parents would be dissolving or had collapsed or even never exist at all , hence influence the condition of parents bringing up and educating their children. This article mainly stress on the related issues in the substantive law and the procedural law about the responsibility of sharing for the necessary expense of children’s living and education, and the minors claim for child support from the parents. Here below are the essentials of each chapter’s context.irst chapter is introduction. Under the Convention on the Rights of Children and the ROC（Taiwan） Constitution, concerns the real situation of maintaining infancy children and the difficulty the minors have to confront during they claim for child support through legal procedure.he second chapter will discuss the formation and the legislation of the child support system .In the part of the formation about the child support system, this chapter will introduce the assisting from public and the support for privation. Additionally, this chapter will introduce the characteristics of the right and the obligation about the support for privation. In the part of the legislation with regard to the child support , this section will examine the relations between parental rights and the child support early, then touch upon the argumentation about the parental rights whether contains the child support to define the statement that parental rights separates with the child support . Furthermore, there are different opinions concerning the child support claimed by the part of the parents, the child support requested by the minorities and the family living expenses, so it is necessary to expound.ubsequently, this section will early investigate the content of the legislation currently in effect about the child support in the mode of legislature. Due to the influence of Japanese theory, domestic law profession recommend the distinction between living support obligation and living assistance obligation. Therefore next examine the application of domestic doctrine about the dichotomy of these obligations in the way of interpretation theory. Last ascertain the operation in the court in the way of Practice.he third chapter discuss the claims for child support in the aspect of substantive law, afterward investigate the foundation about the rights to claim for child support.he fourth chapter examine the claims for child support in the phase of procedural law. This section lead off with the legal capacity to be the litigant in the procedure, then concerns the integrated processing of the procedure for trial and the validity of the judgment for child support.he fifth chapter is the criticism of the legislation currently in effect. Offer review on the statute regarding the child support and analyze the opinion.he sixth chapter is the conclusion.ynthesizing the states above-mentioned in each chapter, this segment attempt to propose the direction about a change in the law.nd hoped this could help to maintain the best interest of the child.
Subjects
parental rights
maintenance obligation
living support obligation
child support
the best interest of the child
Type
thesis
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