Supreme Court of Taiwan

A Supreme Court holding that "although a spouse who has suffered unbearable mistreatment in cohabitation is entitled to sue for divorce, this does not include cases where the other party temporarily loses control and overreacts to the spouse's misconduct" is not unconstitutional.  To determine what constitutes "unbearable mistreatment in cohabitation," the courts should take into account the degree of the mistreatment, education levels, social status, and so on, determining if the degree of mistreatment goes beyond the violation of personal dignity and security that would be tolerated

A Supreme Court precedent from 1966 held that property obtained by a wife during the continuance of a marriage, but which cannot be proved separate property or contributed property, belongs to the husband.  The amendment of the Civil Code in 1985 under the authority of Article 7 of the Constitution emphasizes gender equity and invalidates this Supreme Court precedent.

最高法院1966年的一個判例認為，妻子在婚姻存續期間獲得的財產，如果不能證明該財產是與原有財產分離的或妻子對其有貢獻，則該財產屬於丈夫。依憲法第7條規定，1985年修正後的民法強調性別平等，並不再援用最高法院此一判例。