| 英文摘要 |
Under the legislation where legal grounds are required for divorce, such as those regulated under Art. 1052 of the Civil Code of Taiwan, divorce is not permitted while no legal ground exists. However, there exists legislation in comparative law in which couples enjoy the freedom of divorce for that divorce is still permitted while no legal ground such as a fault or irretrievable breakdown of the marriage exists. By introducing such kind of mechanism, the free will of individuals not to maintain marriage can be respected. Meanwhile, the nonexistence of the foundation of marriage can also be truly evaluated. This is also helpful for the protection of the privacy of the marriage and children. While the requirements for legal grounds to divorce are abandoned, the regulation to exclude the responsible party’s right to claim for divorce can also be abandoned. Yet the requirement for the period of separation, reconsideration, or continuance of marriage can be introduced as supplementary measures. Besides, the hardship clause can be introduced to exclude the divorce application while the divorce itself could result in a hardship situation. By abandoning the requirements for legal grounds to divorce, unilateral divorce therefore requires no legal grounds as consent divorce. The regime of marriage and divorce can thus truly be free from the influence of ecclesiastical law. |
