프랑스법상 성년자보호제도와 자율지원의 원칙

• 영문명: Adult guardianship system in France and self-determination supporting system
• 발행기관: 중앙대학교 법학연구원
• 저자명: 곽민희(Min-Hui Gwak)
• 간행물 정보: 『법학논문집』法學論文集 第36輯 第1號, 117~163쪽, 전체 47쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2012.04.30

영문 초록

In case the decision making ability is lacking in someone, the country or society having to comprise a law system from a point of view and establish a social system, is fulfilled in the point of view in which they see him, in other words, in the background of the society’ s perception. Thus, we can say that the context of the system composition or law system is basically a reflection of our perception about that person, therefore Ⅰ think it is important to verify and set a principle about the proposal direction that the social perceptive phenomεna has to go about the person who is subject to the system introduction discussion and draw a rough sketch of an unified system of the general system. In the so called Adult guardianship system’ s introduction discussion background is expressed a change and will of the social perception about the adult, for example, disabled person, senior citizen, mental patient who are the subject of the social guardianship. Our country’ s existing system or revised adult guardianship system, legally has been developed focusing on the property management, but its real management can be said that its in the [protection] of the adult in need of public assistance looking in the position of the court or guardian. Simply, in case of the revised adult guardianship system, is trying to expand the area of privacy safeguard, but even so we can that the detailed context about that case is still left as a task. Come to think of it, I think the positive purpose of the so called adult protection system is to think of a systematic change in [autonomous support] in the self point of view respecting the individual survival ability in person, from the [protection] point of view of the court or guardian. Especially, basic principle of how to comprise in a system and context of the areas the related to the privacy protection that is left as a pending task, we believe it must be focused in the autonomous support above all. Thus, in below, having as background these thoughts and before discussing the specific context of the french civil law and our civil law and the future adult protection system, I wish to progress a discussion focused on what should be the basic way of thinking of the system foundation and revision, and set it as the primary purpose of the thesis.

목차

Ⅰ. 들어가며

Ⅱ. 프랑스에 있어서 성년자보호제도의 발전과정

Ⅲ. 2007년 3월 5일 법률의 기본방침과 특징

Ⅳ. 프랑스법상 성년자보호제도의 개요 1-법적 보호조치

Ⅴ. 프랑스법상 성년자보호제도의 개요 2-재판상 지원조치

Ⅵ. 우리 법에의 시사

참고문헌

ABSTRACT

키워드

프랑스민법 성년자보호제도 성년후견제 사법보우 후견 Code civil adult-guardianship French law sell-determination supporting system family law