A Study On The Management of A Ward's Property

• Main Authors: HUANG,YUNG-CHUNG, 黃永忠
• Other Authors: KOO,Chin-Ming
• Format: Others
• Language: zh-TW
• Published: 2014
• Online Access: http://ndltd.ncl.edu.tw/handle/40728998254479195620

碩士 === 國防大學 === 法律學系 === 102 === This thesis aims to explore the subject of property management for person under guardianship in which the contents of guardianship systems and property management related regulations and legal issues in Taiwan and Japan are analyzed. The articles on the subject in Civil Code were published on May 23, 2008 by the President and effective on November 23, 2009. They were divided into two sections of “Guardianship for Minors” and “Guardianship and Auxiliary for Adults.” A guardian is supposed to take care of person under guardianship and manage his property. But possibly there is a situation of conflicts of interest, no matter the guardian is natural person or legal entity. Now the modified guardianship system has been implemented for some time. Through the researches on the Domestic Events Act and Trust Property Act which were just implemented not long ago and introduction of the guardianship laws for minors and adults in Japan, this study made recommendations on these issues for references in future legislation to respond to the expectation by people on property management of guardianship system and meet the demands of the related laws from the society. In the research on the existing guardianship system in Taiwan, the thesis focused on how to prevent the illegal infringements on the property belonged to the persons under guardianship by guardians to protect the interest of property of the persons under guardianship. Also, based on the results of the comparative researches of property management in the Japanese guardianship system, this thesis tried to make recommendations for the reference in future amendments of laws and policy decision on guardianship system in Taiwan.