The Research On Voluntary Guardianship Contract

Although the adult voluntary guardianship system has established,it has some disadvantages,such as a general summary,lack of how to carry out guardianship contract and corresponding supporting institutions.Voluntary guardianship contract is the fundamental to realize voluntary guardianship system.The existing law is applicable only for adults with fully capacity for civil conduct,but ignores the physical disabilities.It is not enough to guide the user of the system.To safeguard the rights and interests of physical disabilities and enhance the maneuverability of guardianship contract,the paper study voluntary guardianship contract's conditions of coming into force,invalidity and legal consequences.Due to the large population base,there is a quite large number of people with disabilities in China.Some of them don't meet the applicable conditions of the existing system,so that they can't appoint guardians for themselves.Therefore,the client of the guardianship contract should be extended to the handicapped.the handicapped can be returned to the society with the assistance of the guardian.The existing voluntary guardianship system is developing continuously,and the supporting facilities should be gradually constructed,such as the supervising agency.The nature of guardianship determines the intervention of public power.The organs of public power supervise guardianship affairs performed by guardians,which can urge guardian to perform contract more dutifully and protect the legitimate rights and interests of a guardian against infringement.The conditions of voluntary guardianship contract's invalidity has other reasons in addition to the same reasons with general contract.There are some different operations according to whether pupil restore the capacity for civil conduct.After the termination of the guardianship contract,the guardian shall still bear the obligations of the post contract,and shall keep confidential the privacy of the guardian.