Legitimacy of confirm the existence or nonexistence of the parent-child relationship─Focus on the categorization and the application of legal principle

• Main Authors: LIAO, HSI-WEI, 廖希文
• Other Authors: 姜世明
• Format: Others
• Language: zh-TW
• Published: 2016
• Online Access: http://ndltd.ncl.edu.tw/handle/4f2b3d

碩士 === 東吳大學 === 法律學系 === 105 === Firstly, this article uses parent-child relationship in substantive law as a starting point to procedural law of litigation category, introducing confirm the existence or nonexistence of the parent-child relationship, claim legislative disavowal of legitimacy, claim acknowledgement of a child by the natural father, claim acknowledgement of no avail, revoked claim acknowledgement, claim the determination of the biological father of a child born after the remarriage of the mother, through observation of legal history, and reason for amendments by Civil Code, Code of Civil Procedure and Family Law by Case on the statute in order to the overall evolution of the understanding. Secondly, this article focus on discussing of the categorization and the application of legal principle. About the categorization section, this article categorizates by subject to appeal, to extended of discussing ability party and proper party on question. Other on the application of legal principle section, this article discusses litigation legal principle and non-litigation legal principle, and then discusses on individuality legal principle of confirm the existence or nonexistence of the parent-child relationship on most questions, for example how amending by inquisitorial to doctrine of disposition and verhandlungsmaxime. Confirm the existence or nonexistence of the parent-child relationship must be applicable to limit doctrine of disposition, limit verhandlungsmaxime, words inquisition, private doctrine, direct inquisition, timely proposed doctrine, focus hearing doctrine, free proof doctrine. Finally, because Family Law is amended, confirm the existence or nonexistence of the parent-child relationship of amalgamation of actions is changed. This article under current law discusses amalgamation of actions confirm the existence or nonexistence of the parent-child relationship from Family Law by Case Act 41 as a starting point. Through current law of related questions, This article uses German law to compare with our country, and legislates on reasonable theory and interpretation, as suggested in this article conclusions and future repair methods. Key Words：confirm the existence or nonexistence of the parent-child relationship, claim legislative disavowal of legitimacy, categorization, application of legal principle