1992 Fiscal Year Final Research Report Summary
| Project/Area Number |
03301066
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| Research Category |
Grant-in-Aid for Co-operative Research (A)
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| Allocation Type | Single-year Grants |
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| Research Field |
Civil law
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| Research Institution | HOSEI UNIVERSITY |
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Principal Investigator |
SUNAGA Jun HOSEI UNIVERSITY, Faculty of Law, Professor., 法学部, 教授 (70061059)
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| Co-Investigator(Kenkyū-buntansha) |
HARUTA Kazuo KYUSHU International UNIVERSITY, Faculty of Law and Economics, Dean., 法経学部, 学部長 (80140820)
HISHIKI Shohachiro SENSYU UNIVERSITY, Faculty of Law, Professor., 法学部, 教授 (30083546)
ARAI Makoto KOKUGAKUIN UNIVERSITY, Faculty of Law, Professor., 法学部, 教授 (40146741)
KOBAYASHI Hidefumi CHUKYO UNIVERSITY, Faculty of Law, Professor., 法学部, 教授 (20121395)
KOBAYASHI Kazutoshi ASIA UNIVERSITY, Faculty of Law, Professor., 法学部, 教授 (20050205)
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| Project Period (FY) |
1991 – 1992
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| Keywords | incapacity / incapacitated person / tutor / curator / enduring power of attorney / durable power of attorney / 後見 / 保佐 |
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| Research Abstract |
The japanese Civil Code came into force in 1898. And since then its reform was only twice performed (1947, 1979). But recently in many European countries (France, Germany et c.) was performed the big reform of the laws of incapacity and the japanese law of incapacity is nowadays out of date. Therefore in Japan the reform is inevitable in following points.
1. In Japan there are only 2 types of incapacity for the adults. That system is too narrow and rigid to deal with the variety of mental or physical disability.
2. According to the present japanese law we cannot protect the physically disabled persons, because we have only incapacity due to the mental disability.
3. Incapacitation is not always profitable for the disabled persons. Therefore it is necessary to elaborate the system for the protection of disabled persons without incapacitation in addition to the present system.
4. Nowadays the family court does not take the initiative in making the system begin to work. But the role of the State must be greater and graver.
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[Publications] Jun SUNAGA, Kazutoshi KOBAYASHI, Akira MURATA, Hidefumi KOBAYSHI, Makoto ARAI, Shohachiro HISHIKI, Yasnku OKUYAMA, Tomoyoshi ITOH, Shuichi OGANO, Hideyoshi YANAGISAWA, Kazuo HARUTA, Tai MAEDA: <<KEISO-SHOBO>>. <<STUDY of Incapacity>>, 400 (1994)
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