The development of the private support system

2017 Fiscal Year Final Research Report

• Project/Area Number: 26870755
• Research Category: Grant-in-Aid for Young Scientists (B)
• Allocation Type: Multi-year Fund
• Research Field: Fundamental law; Civil law
• Research Institution: Konan University
• Principal Investigator: Shimizu Tokiyo 甲南大学, 法学(政治学)研究科(研究院), 教授 (50388881)
• Project Period (FY): 2014-04-01 – 2018-03-31
• Keywords: 扶養 / 公的扶助 / 生活保護

Outline of Final Research Achievements

In this research, through comparative study with German law, I will consider development of private support system in Japan.
In Germany, social assistance is awarded in advance, then a redemption request is made to the dependent supporter. In addition, with the background of the aging society, the basic security system has been improved, and requests for reimbursement of old parents to supporter of support are set by annual income. Therefore, the private dependence priority principle is partially recessed. Maintaining forcible private dependency in such legal situation is maintained because maintaining the private support system leads to the implementation of arbitrary support among the parties and consequently to protect family members. It is because there is a possibility of being connected.
This point of view will be a guide for considering the development of the support system in Japan in the future.

Free Research Field

民法（家族法）