Parent-Child Relation Matters in Litigation Procedures for Family Matters：Focus on the Lineal Relatives

• Main Authors: WANG, CHUN-YI, 王俊怡
• Other Authors: LIN, HSIU-HSIUNG
• Format: Others
• Language: zh-TW
• Published: 2019
• Online Access: http://ndltd.ncl.edu.tw/handle/97m7tu

碩士 === 輔仁大學 === 法律學系 === 107 === According to J.Y. Interpretations No.552 and No.554, family right is protected by the Constitution of the Republic of China. Families are the base of a society, the legal relations of the couple and parent-child are cores of Civil Code Part IV Family. As among identifying relationships, parent-child relations are the most basic and important part. This thesis chooses parent-child relations of the Family Proceedings Act and focus on the discussions about blood relatives. Besides, it includes five chapters, the first chapter is introduction, the second chapter is parent-child relations general, the third chapter is A-type in parent-child relations, the fourth chapter is B-type in parent-child relations and the fifth chapter is conclusion. First, Family Proceedings Act is divided into five clusters, but there are still many different opinions about the nature of each matter, e.g. confirm the matter of the child's biological father when biological mother remarried is classified to A-type in parent-child relations and characterized as declaratory judgment. However, some scholars consider the characterization may against the rules of Civil Code Part IV Family and should be amended into B-type in parent-child relations. Second, issues about part's standing, e.g. according to the law, the most controversially issue is the party's standing of suit for disavowal of paternity. Whether the biological father could bring up a suit for disavowal of paternity which involves the legislative purposes about the accuracy of blood filiations, unsettling the child’s identity, the harmony of the family and the child's best interests. Furthermore, about verification of presumption of paternity, judging whether it is corresponding to the party's standing, the interest of the suit and the connection between both of them. The issues all above will be consulted by opinions from practice and academy about before and after the Family Proceedings Act is implemented. Additionally, the thesis will focus on discussing the disputes arise from substantial law and procedural law. Hoping that the operation of parent-child relations general from family act procedure would be more accurate.