- 英文摘要
- In China, the tradition of clan autonomy in handling family affairs has deep historical roots. The Family Council system, as stipulated in the first draft of the Civil Code at the end of the Qing Dynasty, represented an early effort to formalize this customary practice within a statutory framework. During the early Republican period, the Grand Court of Judicature (Dali Yuan), which served as the final judicial authority, treated the provisions of the first Civil Code draft as substantive sources of law, making contextual adjustments to adjudicate legal disputes arising from family gatherings convened to handle domestic affairs. This adjudicative approach produced notable doctrinal and practical outcomes.
The various actions of the Grand Court of Judicature played a pivotal role in the development of the legal system in the early Republican period and exerted a lasting influence on subsequent civil law legislation, including the current Civil Code. For instance, the current Civil Code provisions allowing the Family Council to be convened by family members and granting inheritance allocation claims to those who continued to support the decedent during their lifetime can be traced, directly or indirectly, to the judicial practices of the Grand Court of Judicature.
Although the function of the Family Council has gradually declined in contemporary society due to broader social transformation and the expansion of formal judicial institutions, the judicial practices of the Grand Court of Judicature concerning the Family Council continue to merit careful scholarly examination, particularly with respect to their doctrinal continuity and normative relationship with current legal provisions.
- 目次
- 壹、前言
貳、大理院判解中的親屬會議
一、組織、成員與決議方式
二、職權
三、小結
參、對大理院司法實踐的整體分析
一、法源依據
二、與第一次民律草案的關係
三、大理院判解對其後歷次民法法律案的影響
肆、結論
