论文部分内容阅读
《中华民国民法典·亲属编》弃以往之“家族本位”转而以三民主义精神立法,从社会本位出发,尊重个人自由、平等;在夫妻财产之处分;离婚之自由;子女订婚等方面与以往法律相比进步明显;其规定了订婚自由,父母不能代订婚约;妻、子女可拥有自己之私财等现代法治思想;但对夫权、父权亦有保留,“家”之一章,更显其对旧制继承,此种进步中的退守令人惋惜。
“The Republic of China Code of Civil Code and Relatives” abandon the past, “family-based” to the spirit of the Three Principles of the People Legislation, starting from the social standard, respect for personal freedom and equality; In the aspect of law, the progress has been obvious compared with the previous laws; it stipulates the freedom of engagement and the parents can not represent the engagement; the wives and children can have their own private wealth and other modern ideas of the rule of law; however, there are reservations about the husband’s and father’s rights, One chapter, even more of its inheritance of the old system, such progress in the retreat regrettable.