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|Other Titles:||An Analysis of “Cross-strait Adoptions” in View of International Private Law|
cross-strait adoption;inter-country adoption;adoption relation;termination of adoption;rescission of adoption;form of adoption;Renvoi;the Convention on Protection of Children and cooperation in Respect of Intercountry Adoption;Act Governing Relations between the People of Taiwan and the Mainland
|Issue Date:||2016-05-16 17:12:24 (UTC+8)|
In accordance with our law adoption of a child from the Mainland shall be applied to the courts for admission. During a trial case relating to adoption between the people of Taiwan and the Mainland, the courts should check the legal requirements and form of the adoption to prevent the adoption on the ground that it is null and void or it may be annulled. The rules of adoption between Taiwan and Mainland China are, however, apparently different. Moreover, Mainland China amended its Adoption Code in 1999. When the courts are dealing with those cases relating to people from Mainland China, if the Act Governing Relations between People of Taiwan and the Mainland stipulates application of the Mainland rules, shall the courts apply the domestic adoption rules or the inter-country adoption rules? Shall the courts apply the substantive laws or the international privacy laws? How is one to interpret Mainland China’s adoption rules? How does one address legal gaps? Furthermore, in terms of application of domestic rules, how does one apply the renvoi? How does one address the problem when Mainland adoption and foreign adoption happen concurrently? Is the absence of rules for the termination of adoption between the people of Taiwan and the people of Mainland China people a legislative gap? Have the courts made proper decisions in regard to the above questions above? These are the key points of this essay.
|Relation:||法學評論, 94, 335-376|
|Appears in Collections:||[法學評論 TSSCI] 期刊論文|
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