| Article 33 of the "Civil Code" stipulates the adult guardianship system.However,its provisions are more abstract in principle,and the essential content of the guardianship agreement is slightly superficial so that being necessary to further improve it.Although the corresponding notarization guidance cases have been published,it is difficult to deal with complex and changeable practical problems only by relying on a notarization guidance case since the implementation of the system.Therefore,this article was based on the adult intentional guardianship agreement.The composition structure of the intentional guardianship agreement was taken as the entry point to deeply explore the constituent elements of the structure.And based on the clarification of "structural elements",the method of ensuring the implementation of the textual agreement mechanism was proposed to ensure the smooth implementation of the guardianship system expected in judicial practice.In addition to the introduction and conclusion,the main body of this article has four parts.The first part is the adult guardianship agreement and its basic concept.This is a legal act of both parties and does not represent an identity relationship.At the same time,it can also be regarded as a commission contract and conforms to several rules on contracts in the Civil Code.From the beginning to the end of the intended guardianship agreement,this agreement always respects the ward and strives to expand the interests of the ward,which fundamentally reflects the physical and psychological care and respect of the ward.The second part is the subject of the adult guardianship agreement.The ward must be an adult who has reached the age of 18 and is able to assume full capacity for civil conduct.The guardian can be a natural person over the age of 18 with full capacity for civil conduct or the civil affairs department of the country.Whether it is from the perspective of the ward or the guardian,it is extremely necessary to establish an intended guardianship and supervision body.Therefore,according to the basic national conditions of our country,it is necessary to let the grass-roots autonomous organizations of the masses,namely residents’ committees or villagers’ committees,to supervise the implementation of the agreement.The third part is the effective conditions and legal effect of the establishment of an adult intentional guardianship agreement.The effective establishment of an adult intentional guardianship agreement requires timely confirmation of the ward’s ability to conclude a contract,while it is feasible to confirm by notarization that the ward has the ability to conclude a contract.When the custodial person loses its capacity for civil affairs,the adult intentional guardianship agreement becomes legally effective.When no special circumstances occur here,the act of revoking and rescinding the adult intentional guardianship agreement should not be carried out by the guardian at will.The termination of the adult intentional guardianship agreement needs to meet the corresponding conditions and procedural requirements.The fourth part is the content of the adult guardianship agreement and its construction of supervision mechanism.The content of the intended guardianship agreement is not limited to property guardianship,but also includes personal care and medical decisions related to the person’s body.In order to ensure the timely and unbiased performance of the content of the intended guardianship agreement,a specially selected third party with clear responsibilities is required to supervise it.The innovation of this article is to systematically study the intended guardianship agreement,covering the structural elements of the intended guardianship agreement text.The shortcomings of this article are reflected in: first,my academic ability is limited,so some problems in studying the intended guardianship agreement are not comprehensive;second,due to the limitation of foreign language ability,it is impossible to obtain first-hand foreign-related information;third,it is able to search There are not many cases about intended guardianship agreements,so there are not many cases in this article. |
