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논문 기본 정보

자료유형
학술저널
저자정보
岡部喜代子 (경응의숙대학)
저널정보
한림대학교 법학연구소 한림법학 FORUM 한림법학 FORUM 제20권
발행연도
2009.12
수록면
207 - 216 (10page)

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초록· 키워드

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In 2000, the guardian system of legal age was accomplished by radical reform in Japan. Formally, the protective policy for people who have no ability is incompetency and quasi-incompetence policy. However, these two policies were low rated, because the policies were not effective in protecting the quasi-incompetence and were listed in the family resister. Also Incompetency deprived their whole abilities and the quasi-incompetence actually doesn't deprive so there is no interim system. Moreover the opinion is rising which is for easy to use that policy in an aging society’s advent. Also the ideology of self-determination right and normalization are advocated to revise.
The main contents as follows. First is a change of name. Second is preparation which is flexible system by necessity. Third is the respect of personal determination as long as someone has ability of self-determination or accord with normalization. Forth is planning to notice by family registration and separate resister system after the abolition of entry family registration. Fifth is the previous guardian and assistant become spouse by law. If they have not spouse, family court will designate. Sixth is the possibility of payment to guardian and assistant supervisor policy.
Due to this revision, the accident of guardianship opening is rising rapidly. But another system, especially the using of assistance which is main subjects to this revision isn’t rising. Thus, the problem has to be indicated, because the problems of changing law also connect with the stability of society which is aging society for to live comfortably old age in Japan. This thesis will be focus on the problems of changing law and disputing points of that as well as discussing about the solution and prospect.

목차

Ⅰ. 2000年の民法改正
Ⅱ. 改正後の利用?況
Ⅲ. 問題点
Ⅳ. 今後の展望

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