메뉴 건너뛰기
.. 내서재 .. 알림
소속 기관/학교 인증
인증하면 논문, 학술자료 등을  무료로 열람할 수 있어요.
한국대학교, 누리자동차, 시립도서관 등 나의 기관을 확인해보세요
(국내 대학 90% 이상 구독 중)
로그인 회원가입 고객센터 ENG
주제분류

추천
검색

논문 기본 정보

자료유형
학술저널
저자정보
黃詩淳 (College of Law National Taiwan University)
저널정보
한국가족법학회 가족법연구 가족법연구 제29권 제1호
발행연도
2015.3
수록면
33 - 59 (27page)

이용수

표지
📌
연구주제
📖
연구배경
🔬
연구방법
🏆
연구결과
AI에게 요청하기
추천
검색

초록· 키워드

오류제보하기
This article attempts to illustrate the response of family and succession laws to population aging in Taiwan by analyzing the recent legal reforms of adult guardianship and marital property regime. To begin with, the new adult guardianship law enacted in 2009 aims to support the elderly to perform juristic behaviors, which is an improvement from the old interdiction as a result of the gradually increased number of users. However, the restrictions to an individual's legal capacity, in addition to the inflexibility to customize it according to his/her requirements, as well as the endowment of excessive power of guardian but with finite supervision may not conform to the standard of the Convention on the Rights of Persons with Disabilities. On the other hand, according to Taiwan’s statutory matrimonial regime, the right to claim for distribution of the remainder of the property was first introduced into Taiwan’s Civil Code in 1985. It comes in effect at the termination of a marriage due to divorce or the death of spouse. Therefore, in the case where the deceased spouse’s individual gains is more than the surviving party, the deceased party (and his/her heirs) is obliged to pay half of the remaining property to the surviving person. Furthermore, only the remaining property left after the aforementioned claims can be divided equally among the spouse and children according to the rule of succession law. As a result, the total acquisition through the claim of remaining property and inheritance is sufficient to maintain a certain standard of living for the aged surviving spouse. As the marriage length varies in every couple, this method is believed to lead to a more reasonable and fair solution rather than solely adopting the rule of succession. Nevertheless, legislators and commentators in Taiwan have been experiencing a debate on the inheritability and transferability of the claim of remaining property. The entanglement has caused the Civil Code to be amended several times in the past thirty years, yet this issue hardly existed in court cases, showing there is still a long way to reach a consensus outcome. Finally, in addition to the aforementioned legal reforms, court cases also play a significant role in reconstructing family and succession laws to meet the needs of aging society.

목차

등록된 정보가 없습니다.

참고문헌 (70)

참고문헌 신청

함께 읽어보면 좋을 논문

논문 유사도에 따라 DBpia 가 추천하는 논문입니다. 함께 보면 좋을 연관 논문을 확인해보세요!

이 논문의 저자 정보

최근 본 자료

전체보기

댓글(0)

0