The study on the necessity and the feasibility to establish the self-determinant majority custody system in R.O.C.

• Main Authors: Hwang Jun-Rung, 黃俊榮
• Other Authors: 林秀雄 教授
• Format: Others
• Language: zh-TW
• Published: 2014
• Online Access: http://ndltd.ncl.edu.tw/handle/01476936854491799271

碩士 === 東吳大學 === 法律學系 === 102 === The right of self-determination is one of the basic principles of the Civil Code of Republic of China. At right now, there is legal guardianship in the adult guardianship system only. A person who has become subject to the order of the commencement of guardianship has no capacity to perform any juristic act. It might injure human right in some of cases. The adult guardianship system should provide another option for the people who have the intention of lacking capacity in the future. The principle should have chance to determine his/her living style, the ways of health care, and property management in future by making an authorization contract of agency. This study will focus on the necessity and the feasibility to establish the self-determinant majority custody system in our country. The thesis consists of 5 chapters. In the first one, it is an introduction, includes the sections of background and objectives, the methods of study and the organization of thesis. In the second, there are discussions to declare the existing systems did not fit the full requirements of the people who might lack capacity to make decision in the future due to the mental issues. In the third chapter, introduces the similar operations of the self-determinant majority custody system in the other countries, and prove the self-determinant majority custody system is feasible and workable. In the fourth chapter, there are critiques for the recommendations within the conclusion of the study report which was commissioned by the Ministry of Justice in 2011. Finally, the last chapter is the conclusion of the study. It is necessary to establish a proper self-determinant majority custody system. The feasibility had been well proved by the operations in other countries. The government should kick off to build it up as soon as possible under the proper and conscientious considerations.