论文部分内容阅读
亲属会议制度是台湾地区民法独特的法律制度。秉承“法不入家门”的传统,亲属会议权限广泛,对于监护、继承、扶养及亲权等事务行使决定权,存在家庭自治的理想化。但实务运作上,亲属会议的召开面临困难,亲属会议的功能难以彰显,亲属会议决议的执行受限,客观存在家庭自治的弱化。家事司法干预存在现实性,应在家庭自治和司法干预之间保持适度的平衡,建立以司法干预为主,家庭自治为辅的家事救济途径。
The kin meeting system is a unique legal system of civil law in Taiwan. Uphold the “law does not enter the family ” tradition, relatives meeting wide range of rights, for guardianship, inheritance, maintenance and parental rights and other affairs exercise the right to decide, there is the ideal of home autonomy. However, in practical operation, the holding of relatives meetings is difficult, the functions of relatives meetings are difficult to demonstrate, the implementation of resolutions of relatives meetings is limited, and objectively the weakening of family autonomy. Judicial intervention in family affairs is realistic, and there should be a proper balance between family autonomy and judicial intervention, and a way of family remedy based on judicial intervention and family autonomy should be established.