| Budget Amount *help |
¥3,200,000 (Direct Cost: ¥3,200,000)
Fiscal Year 2001: ¥1,200,000 (Direct Cost: ¥1,200,000)
Fiscal Year 2000: ¥2,000,000 (Direct Cost: ¥2,000,000)
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| Research Abstract |
1.As far as Japan's concerned, the following points are observed: (1)the case law emphasizing one's. testament so-called "make inherit" should play an important role both in theory and practice, (2)it's still difficult to identify the usages and types of such testaments, mainly because of a shortage of data, (3) that goes too, for the arrangement of the family conflicts on the frail older parents' care and maintenance, (4) these situations might be relevant with the characteristics of the Japanese legal and fiscal systems of the family property succession, 5)about the long-term care insurance, the time ist not so ripe for evaluating its effects on the behavior of the family property succession.
2.In France, contrastively, 1) the matrimonial regime of property has occupied an important place in the family property legislation, 2) the French Civil Law stipulates the various procedures of the property arrangement between the spouses, such as mutual consent to give benefits of the matrimonial regime, the special usage of donation-partage between the heirs, (3) the French flexibility of the family property solutions might be enabled by the notary format which has set up the formulated usages, attested by the long experience in practice, (4)the French fiscal system also takes these usages and practices into considerations, (5) the reinforcement of the succession rights of the survived spouse is realized by the Succession Reform Act in the end of 2001 ; (6)as to the long-term care system for the frail elders, the APA(Personal Assistance for Autonomy) is substituted, in July 2001, for the former PSD (Solidarity Provision for Dependency) introduced in the beginning of 1997.
3.This subject has an important range to explore. Both Japan and France are proceeding to a transitional stage of the family property legislation. It should be necessary to consider in depth the points mentioned above and synthesize the considerations of them.
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