일본의 성년후견등기제도에 관한 연구

Abstract

As 「The Civil act」 was amended on March 7. 2011, The incompetent or quasi-incompetent system was repealed and The Adult guardianship system was introduced. Contents of the Adult guardianship system include the adult guardianship registration system. enforcement As amended 「The Civil act」 is scheduled to enforce on July 1. 2013. From now on, we should focus on legislation on the adult guardianship registration system and building of registration system. in case of designing bill in the National Assembly on the adult guardianship registration, we are able to refer to the adult guardianship registration system in Japan. Because they already have enforced it over ten years. Contents of the adult guardianship registration system in Japan are as follow. First, with the computer system the adult guardianship registration affairs are treated by the Bureau of Judicial Affairs, a local Bureau of Judicial Affairs, a branch, or a subbranch that the Justice Minister appointed. Second, types of the adult guardianship registrations in Japan are a registration of statutory guardianship, a registration of guardianship contract, a registration of guardianship order, etc. If there are changes on registration affairs, registration of change is done. and If statutory guardian- ship or guardianship contract are terminated, registration of termination is done. Third, in case of a registration of statutory guardianship, the record of registration is organized every judgement of commencement. In case of a guardianship contract it is organized every contract. And in case of a guardianship order, etc., it is organized every order. Fourth, the opening of the record of registration is done by delivery of a registration affair certificate or a closure registration affair certificate and persons entitled to delivery are limited. Fifth, some fee is imposed. Sixth, there are proceedings of dissatisfactions. Finally, interim measures are done on the incompetent or quasi-incompetent and related Acts are organized. In case of refering to the adult guardianship registration system in Japan, there are some considerations. Above all, not only 「Act on guardianship registration, etc.」 but also subordinated acts and related acts are examined thoroughly. Together, raising questions and suggestions of remidies on the adult guardianship registration system in Japan should be checked. And, Intensive preparation for smooth enforcement of the adult guardianship registration system in Japan has great implications for us. In the end, As There are some differences between our adult guardianship system and Japan’s, we need to be cautious them.