프랑스법상 성년자보호제도와 자율지원의 원칙

Abstract

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 phenomena 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.