Study On The Legal Problems Of Guardianship Contract

The first attempt of the guardianship system in our country is the Law on the Protection of the Rights and Interests of the Elderly in 2013.The reason for the attempt of the new system lies in the serious aging.Many elderly and infirm adults are unable to deal with their own affairs independently because of illness,physical weakness or other reasons.The purpose of introducing intentional guardianship is to allow the parties to select suitable guardians for themselves in advance and establish a new guardianship relationship by contracting a contract.Intentional guardianship was formally established in the General Principles of Civil Law in 2017 after trial.The main body of the system is extended from the elderly to adults,so that adults can enjoy the same right of choice.Intentional guardianship guarantees future interests.The parties can establish a new guardianship relationship by contracting a contract through prior selection.Even if there is a lack of capacity,the parties can still live according to their own wishes.Intentional guardianship is an innovation of guardianship system,but there is still a gap in its specific content.Intentional guardianship contract is the legal evidence for the establishment of intentional relationship,but because the contract is related to personal guardianship relationship,it can not be fully applied to the "Contract Law",but there are no too many norms for the contract in other legislation.This article mainly takes the intentional guardianship contract as the topic of discussion,and puts forward reasonable suggestions for the construction of intentional guardianship contract.Firstly,this paper expounds the theory of intentional guardianship contract.Secondly,it compares and analyses the similarities and differences between intentional guardianship contract and other relevant legal concepts,highlighting the particularity and irreplaceability of intentional guardianship contract.Through thecomparative analysis of the legal provisions of the intentional guardianship contract in foreign countries,combined with the actual situation of our country,summed up the experience that can be used for reference in our country.In view of the current situation of legislative blankness of intentional guardianship contract in China,this paper discusses the main competence standard,content and effectiveness of intentional guardianship contract,and provides suggestions for improving the relevant legal system of intentional guardianship contract in China.