Recognizing Adults with Mental Disabilities More Positively as the Rights-Executors through the Integration of Guardianship Law and Negotium Gestio

2015 Fiscal Year Final Research Report

• Project/Area Number: 25380113
• Research Category: Grant-in-Aid for Scientific Research (C)
• Allocation Type: Multi-year Fund
• Section: 一般
• Research Field: Civil law
• Research Institution: Hosei University
• Principal Investigator: SUGA Fumie 法政大学, 経済学部, 教授 (50386380)
• Project Period (FY): 2013-04-01 – 2016-03-31
• Keywords: 判断能力不十分者 / 国連障害者権利条約 / 脆弱な消費者 / 自己決定支援 / 情報支援 / 不公正な取引行為の規制 / 状況・関係性の濫用 / 制限行為能力制度の縮減

Outline of Final Research Achievements

The Article 12 of the UN Convention on the Rights of Persons with Disabilities (CRPD) requires the States to establish and install legal mechanism which will recognize persons with mental disabilities more positively as right-executors (not just as right-holders). In this project the current systems of adult guardianship, negotium gestio, contract theory and consumer law have been examined from this perspective. Through the interdisciplinary and comparative-legal-studies, it has been found that the three essential factors; autonomy, disclosure of information, regulations on unfair commercial practices and its redress should be enhanced. Only after the appropriate consumer law which integrates the viewpoint of “vulnerable consumers”comes, adult guardianship can be rightly utilized as the last resort.

Free Research Field

民法