论失独老人意定监护合同法律构建

发布时间：2019-03-03 15:33

【摘要】：失独老人意定监护合同是失独老人为防止其行为能力发生障碍或丧失,致使无法处理自身事务而预先订立的一种授予代理人处理本人人身及财产等事务权利的合同。我国现行法域尚未规定失独老人意定监护合同的法律适用,在人权理念冲击下,无法契合高龄化社会的需求。意定监护合同应遵照合同自由原则,以当事人意思决定为基准,设定监护人及其监护责任范围,并由相关机关给予公证及监督,实现对失能的失独老人进行权益保护。
[Abstract]:The contract of guardianship is a contract made in advance to grant the agent the right to deal with personal and property affairs in order to prevent the obstacle or loss of his or her ability to deal with his or her own affairs. China's current jurisdiction has not yet stipulated the legal application of guardianship contract for the elderly who have lost independence. Under the impact of the concept of human rights, it is impossible to meet the needs of the aging society. According to the principle of freedom of contract, the intended guardianship contract should set the scope of guardianship and its guardianship responsibility on the basis of the parties' will decision, and the relevant organs shall give notarization and supervision to realize the protection of the rights and interests of the disabled independent elderly.
【作者单位】：福建师范大学法学院;
【分类号】：D923.8

【相似文献】