개정민법의 후견계약제도와 과제

• 영문명: Guardianship Contract System and Its Prospect
• 발행기관: 원광대학교 법학연구소
• 저자명: 백승흠(Baek, Seung-Heum)
• 간행물 정보: 『원광법학』제28권 제4호, 31~60쪽, 전체 29쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2012.12.30

영문 초록

There is not a guardianship system made by contracts in existing Civil Law, but we will be able to make a contract to appoint a guardian for the purpose of preparing for the forthcoming emergencies on the basis of autonomy by establishing ‘the guardianship system’ in July 1, 2007. The revised Civil Law provide that a person who has a mental handicap caused by disease, disability, old age and so on, can make a contract to entrust another person with managing his/her assets and caring for his/her affairs and to give a power of attorney for the purpose of preparing for the forthcoming emergencies(Art. 959-14). However there are lots of problems and assignment to solve in the adult-guardianship system, e.g. the parties concerned, the three types of system, the right to consent to medical treatment, entrusting business after death with a guardian, writing a notarial deed, and so forth. For making Guardianship Contract System useful, easy and convenient for use, it is necessary to revise and make a lot of laws relevant to the system such as the Guardianship Registration Law, the Notary (Public) Act, etc.

목차

Ⅰ. 후견계약의 의의

Ⅱ. 후견계약의 개요

Ⅲ. 후견계약의 과제

Ⅳ. 맺으며

참고문헌

Abstract

키워드

후견계약 의료처치 공정증서 사후사무 임의후견인 Guardianship Contract medical treatment notarial deed business after death guardian in fact