台湾民法亲属篇的修正及意义

发布时间：2018-09-01 10:31

【摘要】：正台湾民法亲属法是调整家庭婚姻法律关系的专项法规,该法具有浓厚封建主义的色彩。随着社会发展,民法亲属篇所规定的内容,已经远远不能适应社会实际经济生活需要。为此,台湾自1977年开始对该法研究修正,历经近三年,共修正三十五条,增订十条,删除四条,在1985年6月正式颁布。这是自1931年民法亲属篇实施以来的第一次重大修正,此次修正在台湾亲属法(婚姻法)史上具有一定意义。一、确立男女平等原则。台湾原民法亲属篇中体现不平等的夫妻联合财产制,规定夫妻关系存续期间所取得的财产全部归其丈夫所有。台湾民法的普通法定财产制为联合财产制,其最大特点就是将夫妻财产组成为联合财产。依照联合财产制的规定,妻子的财产分为原有财产和特有财产。妻子特有财产指妻子因本人劳动所得到的财产,妻子对该特有财产享有所有权及支配权,丈夫不得
[Abstract]:The civil law and kinship law of Taiwan is a special regulation to regulate the legal relationship between family and marriage, which has a strong feudal color. With the development of society, the content stipulated in the relative section of the civil law has not been able to meet the needs of social economic life. For this reason, Taiwan began to study and amend the law in 1977. After nearly three years, 35 articles were amended, 10 articles were added and four articles were deleted, which were formally promulgated in June 1985. This is the first major amendment since the implementation of the civil law relative article in 1931. This amendment has certain significance in the history of Taiwan's kinship law (Marriage Law). First, establish the principle of equality between men and women. The unequal joint property system of husband and wife is embodied in the former civil law of Taiwan, which stipulates that the property acquired during the existence of the husband and wife shall be owned by his husband. The common legal property system of Taiwan civil law is the joint property system, the greatest characteristic of which is that the husband and wife property is composed as joint property. According to the provisions of the joint property system, the wife's property is divided into original property and unique property. Wife-specific property refers to the property acquired by the wife as a result of her own labour, over which the wife has ownership and control rights, and the husband shall not

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