An Analysis of Court Cases Regarding Civil Code Article 1118-1 in Taiwan: Judging Children’s Maintenance Obligation to Aged Parents
Date Issued
2013
Date
2013
Author(s)
Chen, Bo-Ren
Abstract
The obligation of children to maintain their aged parents has been changed after the legislation of Civil Code Article 1118-1. In addition to assess children’s property, if parents had acts like domestic violence, insult, sexual assault, or abandonment in the past, children have the right to relieve or exempt their obligation by the judgment or the ruling. However, Taiwan has became an aging society, Old-Age Security System is becoming an important issue, so what situations can judges decide to deprive parents’ maintenance right , and make a balance between parents’ economic security and parent-child relationship, those are the propose for this paper to take the empirical research.
This paper adopts two research methods to analyze court cases: Content Analysis and Interview Survey. By the former, we examined all of judgments and rulings which are based on Civil Code Article 1118-1 to generalize judges’ free proof in these cases. By the latter, we arranged nine interviews with judges, lawyers, and social workers who have experiences to handle related cases. Through these two research methods, we try to find problems from the substantive procedure of Civil Code Article 1118-1.
After the investigation, it is found that because of ambiguity terms in Civil Code Article 1118-1, there are many problems which still have disagreements, including the nature of the right, the evaluation methods of the constitutive elements, and the results of judgments or rulings. Furthermore, the interaction between Civil Code Article 1118-1 and the debts which are on the basis of Senior Citizens Welfare Act or People with Disabilities Rights Protection Act also have different views between administrative courts. It demonstrates that too hastily to legislate and lack of discussion will lead to many problems in judicial practice, so it is necessary to amend the article. Besides, many responders consider that Civil Code Article 1118-1 will become an expedience for aged parents to gain the social assistance eligibility, because there are some restrictions to identify the eligibility by Department of Social Welfare. To avoid those controversies and let judgments or rulings to be fair and objective, it is expected that other professionals should be intervened in legal procedures. Finally, according to Family Code Article 23, those cases should mediate by trial judges, so the repair of parents-child relationship and maintenance function are also need to be valued.
Subjects
民法第1118條之1
老親扶養
老年經濟安全
Type
thesis
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