| Project/Area Number |
20530015
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Fundamental law
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| Research Institution | Fukuoka Institute of Technology |
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Principal Investigator |
NISHIMURA Shigeo Fukuoka Institute of Technology, 社会環境学部, 教授 (30005821)
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| Co-Investigator(Kenkyū-buntansha) |
SHINOMORI Dasuke 神奈川大学, 法学部, 准教授 (40363303)
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| Project Period (FY) |
2008 – 2010
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| Project Status |
Completed (Fiscal Year 2010)
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| Budget Amount *help |
¥4,160,000 (Direct Cost: ¥3,200,000、Indirect Cost: ¥960,000)
Fiscal Year 2010: ¥780,000 (Direct Cost: ¥600,000、Indirect Cost: ¥180,000)
Fiscal Year 2009: ¥780,000 (Direct Cost: ¥600,000、Indirect Cost: ¥180,000)
Fiscal Year 2008: ¥2,600,000 (Direct Cost: ¥2,000,000、Indirect Cost: ¥600,000)
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| Keywords | 後見人 / 保佐人 / 民法 / ローマ法 / 法定抵当権 / フランス後見人法 |
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| Research Abstract |
The guardian should administer rightly the fortune of his ward and at the end of the guardianship restore it to him. It happens oft, that the guardian violate or neglect his duties. Therefore it was introduced in Roman law, that the ward had the legal hypothec on the whole fortune of the guardian. This regulation was received in west Europe countries. This regulation was useful for the ward, but burden for the guardian. In modern German law it was reduced to the prerogative on the insolvent law. In Japan, Boissonade had introduced it. After him, the legislator changed to the optional obligation of the guardian. In the reform of 1947 it was also abolished. Today the ward has no security against the wrong doing of the guardian.
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