On The Civil Law Of The Republic Of China è·¯ Of The Family

As the first Marriage Law in modern China that was enacted and enforced, kin-relationship volum of civil Law of the Republci of China not only performed its function in the establish ment of laws of kin-relationship, but is in force now in Taiwan dcstrict after amendmeat. Therefore a research on the regaletions must be of historical importance and practical meaning, basde on this, the thesis tries to analyse its priciple institutions and spirt generally and deeply, and reveal uhat could be of value for the temporary law in the field. The argament develops in 6 aspects as following. One, short sketch. It aims to introduce its legislation procedure, structure and contents, based on retrospect of traditconal Legisture history of kin-relationslup laws. Two, The institution of kin-relationship. With a historical comparison, the thesis proves the advancement of the regulation of kin-relationship, and indicates that it is difficult to apply it into to real life in analysing its validity. Three, The Institution of marriage age. It points out the unreasonable and invalidity aspects of the regulation through a study in legstimate marriage age . Four, the instituaion of monogyny. This part suggests that although monogyny is advocate by the law, but for the lose punishment of bigamy and actual protection of concubine system by precedent, judical interpretation and legal academic, the lose punishment of bigamy and actual protection of concubine system by precedent. Judical interpretation and legal academic theory, the social bans of monogyry was imperi cled greatly. Five, the relationship betuceen husbanel and wife. It argues the unepual relationship betueen them both in personality and personalty. Six, the institution of kingship rights. The part deals with the perticalar charator of clan and the reason of parents' domination of the pre-matures,...