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개정민법의 후견계약제도와 과제 - 일본의 임의후견계약제도와 비교하여 -

원문정보

Guardianship Contract System and Its Prospect

백승흠

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There is not a guardianship system made by contracts in existing Civil Law, but we will be able to make a contract to appoint a guardian for the purpose of preparing for the forthcoming emergencies on the basis of autonomy by establishing ‘the guardianship system’ in July 1, 2007. The revised Civil Law provide that a person who has a mental handicap caused by disease, disability, old age and so on, can make a contract to entrust another person with managing his/her assets and caring for his/her affairs and to give a power of attorney for the purpose of preparing for the forthcoming emergencies(Art. 959-14). However there are lots of problems and assignment to solve in the adult-guardianship system, e.g. the parties concerned, the three types of system, the right to consent to medical treatment, entrusting business after death with a guardian, writing a notarial deed, and so forth. For making Guardianship Contract System useful, easy and convenient for use, it is necessary to revise and make a lot of laws relevant to the system such as the Guardianship Registration Law, the Notary (Public) Act, etc.

목차

Ⅰ. 후견계약의 의의
 Ⅱ. 후견계약의 개요
 Ⅲ. 후견계약의 과제
 Ⅳ. 맺으며
 참고문헌
 ABSTRACT

저자정보

  • 백승흠 Baek, Seung-Heum. 청주대학교 교수, 법학박사.

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