THE STUDY ON VISITATION：THEORY AND PRACTICE

• Main Authors: LEE, CHIA-HUA, 李佳樺
• Other Authors: TAI, YU-ZU
• Format: Others
• Language: zh-TW
• Published: 2017
• Online Access: http://ndltd.ncl.edu.tw/handle/p2nftr

碩士 === 國立臺北大學 === 法律學系一般生組 === 105 === Since the right of visitation been put into practice in Taiwan from 1996 in Article 1055 of the Civil Code, Taiwan society have already been familiar with this rule right now when it comes to divorce or separation of parents. In the meanwhile, when considering the dispute relating to children, it has become a standard in the international world to apply “the best interests of child” principle to protect minor children from making decision without hearing their voice about the dispute. This principle also legalized in Article 1055-1 of the Civil Code in 1996, which demonstrated Legislator’s intention to preserve minor children’s interests. Two decades after these amendment of Civil Code, how does “visitation right” work in practice? This paper would like to study the development of the right of visitation in Taiwan first, and try to analyze related judgements to find out if there were difference between regulation and practice in order to draw a clear system of the right of visitation in Taiwan nowadays and try to point out present problems. Next, the focus will turn into foreign legal system to compare the differences. This paper will first study on Japan’s visitation rules, also collect the judgements to understand the whole system worked in Japan. Then, this paper will also introduce Europe country’s (England, France, and Germany) visitation statutes to understand both East and West country’s legal system on visitation right. The study will then conclude after compare the different between these countries, seeking the possible resolution to Taiwan’s present problems and try to give suggestion on amending visitation laws.