Whether confirming the own sons and daughters relates to existence or not it studies

• Main Authors: Hung-wei Hou, 侯弘偉
• Other Authors: Jen-kung Kuo
• Format: Others
• Language: zh-TW
• Published: 2009
• Online Access: http://ndltd.ncl.edu.tw/handle/34386309883436573910

碩士 === 國立成功大學 === 法律學研究所 === 97 === This thesis focuses on discussion of the four topics which are the regulation of the presumption of the legitimacy of a child, the regulation of the action for disavowal of the legitimacy of a child, the action for a declaratory judgment confirming existence of biological parent-child relationships, and the proposals for legislation. The regulation of the presumption of the legitimacy of a child and the regulation of the action for disavowal of the legitimacy of child are closely related. The child presumed to be legitimate who wants to disavow the legitimacy can only bring an action for disavowal of the legitimacy of a child. Therefore, only the child who is not presumed to be legitimate can initiate the action for a declaratory judgment confirming existence of biological parent-child relationships. However, there is no regulation of the action for a declaratory judgment confirming existence of biological parent-child relationships. There are many debates on the action for a declaratory judgment confirming existence of biological parent-child relationships: whether this action should be accepted by our law, who can initiate this action, and whether normal procedure or procedure concerning personal affairs should be applied to this action. For this reason, the author proposes that the legislature should establish the regulations about this action. Furthermore, the establishment of family court and adoption of mediation should be introduced to improve the procedure concerning personal affairs.