메뉴 건너뛰기
.. 내서재 .. 알림
소속 기관/학교 인증
인증하면 논문, 학술자료 등을  무료로 열람할 수 있어요.
한국대학교, 누리자동차, 시립도서관 등 나의 기관을 확인해보세요
(국내 대학 90% 이상 구독 중)
로그인 회원가입 고객센터 ENG
주제분류

추천
검색

논문 기본 정보

자료유형
학술저널
저자정보
저널정보
중앙대학교 법학연구원 法學論文集 法學論文集 제37권 제2호
발행연도
2013.1
수록면
53 - 72 (20page)

이용수

표지
📌
연구주제
📖
연구배경
🔬
연구방법
🏆
연구결과
AI에게 요청하기
추천
검색

초록· 키워드

오류제보하기
This article was prepared to the problems of the Family Litigation Act discovered in the trial process regarding restrictions on the exercise of parental rights or termination of parental rights pursuant to the Child Welfare Act. It described the facts which became the premises of the trial, the controversial issues of the trial and the proceedings of the trial. In the target trial, from the viewpoint of the claimant, confirming the person who will exercise the parental rights of the person in question tentatively was important to confirming the legal status of the person in question. As the Family Litigation Act does not have the provisions on restrictions on the exercise of parental rights or termination of parental rights pursuant to the Child Welfare Act, it is unclear whether the above claim is a Family non-litigation Case of Category D or Category E. Considering that the claim for restrictions on the exercise of parental rights or termination of parental rights is a judgment with a confrontational structure, it is deemed to be appropriate to classify it as a Family non-litigation Case of Category E, but to avoid confusion, it is necessary to establish procedural rules pursuant to the Family Litigation Act. Also, there must be grounds for and procedural rules regarding restrictions on the exercise of parental rights pursuant to the Child Welfare Act. The Supreme Court believes that the effect of prior disposition pursuant to the Family Litigation Act will be deemed to occur upon confirmation. The effectuation of the prior disposition may be deferred considerably by the counterpart's immediate appeal and re-appeal. It counters the tentative disposition in cases of urgency. Though on a limited basis, prior disposition must take effect when it is notified. If the effectuation of prior disposition is deferred like this, preservative measures pursuant to the Family Litigation Act may be utilized. However, the fact that preservative measures pursuant to the Family Litigation Act are not recognized in a Family non-litigation Case of Category D, the fact that preservative measures pursuant to the Family Litigation Act can be taken only at the request of the parties concerned unlike prior dispositions, and the relations between prior disposition and preservative measures still need to be discussed further.

목차

등록된 정보가 없습니다.

참고문헌 (6)

참고문헌 신청

이 논문의 저자 정보

최근 본 자료

전체보기

댓글(0)

0