The Study on the Relief and Adjustment to Parental Support

• Main Authors: Hung Pei-Ting, 洪霈庭
• Other Authors: Hsu Hui-Yi
• Format: Others
• Language: zh-TW
• Published: 2013
• Online Access: http://ndltd.ncl.edu.tw/handle/94557850689236766451

碩士 === 國立臺北大學 === 法律學系法律專業組 === 101 === Article 1118-1 of Civil Law has been modified in 2010. The amendment strikes the “Under no circumstance will parents be wrong.” concept in our society, but the issue has not been discussed frequently in practice and academic literature. On the other hand, because of the aging of population in Taiwan, the relationship between private maintenance and public assistance for elderly is necessary to be researched. This thesis focuses on “relief and adjustment of parental support”, and tries to theologize the interaction of public welfare and support. The thesis consists of six chapters. The first chapter is the introduction, including the motivation, purpose, and the scope of this study. The author employs the approach of comparative law, citing empirical cases from Taiwanese courts. Chapter 2 introduces the origins of maintenance obligations in Taiwan and support regulations in the United States, Japan, and Singapore. Chapter 3 reviews provisions of Civil Law that relate to maintenance. The author reveals the relevant issues of maintenance by concluding all theories from Taiwanese scholars. Chapter 4 discusses the concepts and elements of Article 1118-1. Chapter 5 explores the relationship between public welfare and support; the author then discusses the application of Article 1118-1 in practice as manifested in selective case examples. Chapter 6 concludes the finding of this study by pointing out a conflict observed in the practice of the modified Article 1118-1.