您的瀏覽器不支援JavaScript語法,但是並不影響您獲取本網站的內容
司法院內部與外部景觀圖片動畫
::: | | 大法官 | 案件審理 | 大法官解釋 | 相關法規 | |
 
多條件查詢頁面按鈕

 

:::
 

大法官解釋表頭

(釋字第 91 號 )      友善列印PRINT  
Interpretation
J.Y.
Interpretation
NO.91 
Date 1961/6/21
Issue Can an adopted child marry a legitimate child of adoptive parents after the adoptive parents pass away?
Holding
1
    After adoptive parents pass away, an adopted child can not terminate the adoptive relationship unilaterally and marry a legitimate child of said adoptive parents. One of the reasons a couple may adopt a child is to have the adoptive child marry their legitimate child. Hence, the adoptive relationship should not restricted by J.Y. Interpretation No. 32.


Reasoning
1
    Pursuant to J.Y. Interpretation No. 32, an adopted child must first terminate the adoptive relationship and then he/she can marry the legitimate child of said adoptive parents. However, if the adoptive parents did not approve of the marriage, which situation is explained in J.Y. Interpretation No. 58, between the adopted child and legitimate child before they passed away, the adopted child can not terminate the adoptive relationship unilaterally. His/her marriage with the legitimate child of adoptive parents would be unlawful; even so, this circumstance only concerns an adoptive relationship under the Civil Code. If adoptive parents intended to have an adoptive child marry their legitimate child when they adopted the child, such as adopt a girl to marry a legitimate male child or adopt a boy to marry a legitimate female child when they grow up, this is not “adoption” according to the Civil Code and thus such cases should not be restricted by Interpretation No. 32.

'Translated by Lawrence L. C. Lee.

Opinion Chinese only
 

BACK

 
 
::: Home 中文(Chinese) Site Map
 
使用聲明 Copyright©2004 JUSTICES OF THE CONSTITUTIONSL COURT. JUDICIAL YUAN 本網站建議使用解析度為1024*768全彩及Explorer5.5以上瀏覽器     通過A+等級無障礙網頁檢測
多條件查詢頁面連結點 解釋爭點總覽頁面連結點