Study of the restrictions on the capacity to act in adult guardianship

2014 Fiscal Year Final Research Report

• Project/Area Number: 24730087
• Research Category: Grant-in-Aid for Young Scientists (B)
• Allocation Type: Multi-year Fund
• Research Field: Civil law
• Research Institution: Waseda University
• Principal Investigator: AOKI Hitomi 早稲田大学, 高等研究所, 助教 (80612291)
• Project Period (FY): 2012-04-01 – 2015-03-31
• Keywords: 成年者保護制度 / 成年後見制度 / 行為能力 / スイス法 / オーストリア法

Outline of Final Research Achievements

For the purpose of protection, the current system of Japanese adult guardianship imposes strong restriction on ward's capacity of act, which violates the Convention on the Rights of Persons with Disabilities. Based mainly on comparative studies of Austrian and Swiss law, my study argues that the current systems needs to be revised to meet the needs of wards and the changing situation in the contemporary society.
My study shows that Austria and Switzerland in recent years adopted the revised adult guardianship which suits the needs and mental ability of ward.Furthermore, Austria abolished the restriction of ward's voting right and both countries gave guardians the right to consent the medical treatment of wards.Overall, my study purposes to revise the adult guardianship system in Japan.

Free Research Field

民事法学