2011 Fiscal Year Final Research Report
The study of a prevention against the abuse of the authority of a guardian for adults
| Project/Area Number |
22730084
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| Research Category |
Grant-in-Aid for Young Scientists (B)
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| Allocation Type | Single-year Grants |
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| Research Field |
Civil law
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| Research Institution | Hiroshima University |
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Principal Investigator |
JINNO Reisei 広島大学, 大学院・法務研究科, 教授 (80330950)
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| Project Period (FY) |
2010 – 2011
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| Keywords | 成年後見 / 後見監督 / ドイツ民法 |
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| Research Abstract |
To prevent a guardian for adults from abusing his authority, the procedures of the appointment and the control by a family court play an important role. We should expand the judicial infrastructure, for example, the increase of judges. On the other hand, under the Durable Power of Attorney System which is not under the direct control by the court, the person concerned must take a self-protection(e. g. plural attorney appointments). In any case extreme intervention by the court may spoil the advantage of the adult guardianship system, so the guardian' s discretion should be assured.
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