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A study on the realization of a mandator's intention in the voluntary guardianship contracts

  • Legal Theory & Practice Review
  • Abbr : LTPR
  • 2013, 1(2), pp.97-114
  • Publisher : The Korea Society for Legal Theory and Practice Inc.
  • Research Area : Social Science > Law

Oh, Ho-Cheol 1

1신경대학교

ABSTRACT

The voluntary guardianship is a contract in which one selects a nominee in advance for preparing the time when losing judging ability in the future and then grants the right of representation for a work such as property management to him when one has again judgment ability. Such voluntary guardianship system is the fittest system for the realization of a mandator's intention, who has the declined judgment ability, because it is based on the idea of respecting the right of self-determination. A voluntary guardian supporter must respect one’s own intention and do both one’s property management and protection of one’s body when conducting his work. For doing well the work of his property management and protection of his body, it is important to correctly find his intention. However, his intention could not be found correctly always. Therefore, that his intention could be realized as one specifies his intention in an authentic document when making the voluntary guardianship contract with a nominee is important. So this article examined comparatively, focusing on such problems.

Citation status

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