2016 Fiscal Year Final Research Report
The Family Court's Supervision of Property Administrator
| Project/Area Number |
26380108
|
|---|
| Research Category |
Grant-in-Aid for Scientific Research (C)
|
| Allocation Type | Multi-year Fund |
|---|
| Section | 一般 |
|---|
| Research Field |
Civil law
|
|---|
| Research Institution | Kanazawa University |
|---|
Principal Investigator |
GODA ATSUKO 金沢大学, 法学系, 教授 (50361241)
|
|---|
| Project Period (FY) |
2014-04-01 – 2017-03-31
|
| Keywords | 民法 / 財産管理 / 親権 / 後見 / 家庭裁判所 |
|---|
| Outline of Final Research Achievements |
A guardian should exercise the right of administration of property of a ward appropriately. However, the number of guardian’s embezzlement cases has been increasing lately.Therefore, this research aims to consider whether the legal system , obtaining the permission of the family court for important juristic acts, is effective to avoid the abuse of the administration rights. For that purpose,I examined the German legal system on the permission of the family court (BGB§1821,1822 e.t.c.) and a 2014 reform bill of Minor Guardianship Law (Eckpuenkte fuer die weitere Reform des Vormundschaftsrechts) . From these considerations, it is concluded that the family court’s permission legal system has a significant meaning, but has practical problems, such as a burden to the courts.The further studies of how the affairs of guardians is supervised by the family court should be conducted.
|
| Free Research Field |
民法
|
