1999 Fiscal Year Final Research Report Summary
Legislative Studies on International Protection of Adults
| Project/Area Number |
10620034
|
|---|
| Research Category |
Grant-in-Aid for Scientific Research (C)
|
| Allocation Type | Single-year Grants |
|---|
| Section | 一般 |
|---|
| Research Field |
Civil law
|
|---|
| Research Institution | Hitotsubashi University |
|---|
Principal Investigator |
YOKOYAMA Jun Graduate School of Law, Hitotsubashi University, Professor, 大学院・法学研究科, 教授 (10129140)
|
|---|
| Project Period (FY) |
1998 – 1999
|
| Keywords | Protection of adults / Hague Conference on Private International Law / Hague Convention / Choice of Law / Assistance / Horei / Powers of Attorney / Civil Code |
|---|
| Research Abstract |
In 1998, my researches were mainly concentrated upon the preparatory works for the new Hague convention for the protection of adults to be adopted next year. The convention aims to provide for the protection in international situations of adults who, by reason of an impairment or insufficiency of their personal faculties, are not in position to protect their interests.
In 1999, I submitted a paper entitled 'Comment on the Preliminary Draft Convention on the Protection of Adults' to the Advisory Panel for the Minister of Justice (Private International Division). In light of the discussions of the Panel, the Japanese delegations including me made several proposals at Special Commission of a Diplomatic Character held in the Hague, the Netherlands from 20 September to 2 October. These proposals obviously reflected on the relevant provisions of 'Convention on the International Protection of Adults' finally adopted on 2 October.
The new provisions of the Japanese Civil Code enter into force on April 1 in 2000 with respect to the protection of adults. This reform principally purports to enable a suitable and flexible response to be made to different degrees of incapacity or vulnerability and different situations. The reform led to the deletion of such stigmatising temps as used in several provisions of the Japanese choice of law rules. Unfortunately, this is far from satisfactory. The new institution of 'assistance' and 'powers of attorney' undoubtedly need a certain substantial reform of the relevant rules. In 1999, the researches were extended to the analysis of such domestic choice of law rules.
|
