台湾地区父母对未成年子女扶养之研究

On Parental Support to Minor Children in Taiwan District

当今社会,已由过去之大家族生活模式走向小家庭模式,由父母与未成年子女组成之核心家庭。家庭之功能,其中之一即为扶养。父母对未成年子女之扶养,尤其重要,盖未成年子女尚处成长阶段,仍在学习,不具谋生能力。因此,父母对未成年子女之扶养系未成年子女重大利益。台湾地区"民法"亲属篇第五章设有扶养之规定,共计11个条文,在父母以外之其他亲属与未成人间之扶养,固有其适用,然而于父母对于未成年子女之扶养是否有适用,容有疑义。

Modern society has changed from the past big family mode to the small family mode-a nuclear family composed of parents and minor children. One of the functions of family is support. The parental support to minor children is important because minor children are growing up and can＇t work to support themselves. As a result,the parental support to minor children is of considerable benefit for minor children. Chapter 5 of the Civil Law of Taiwan prescribes the provisions of parental support and totally there are 11 clauses,some of which may not be applicable to the support relationship between parents and minor children. This paper will give a deep discussion as to this issue and its extension.