A Study On The Notarization Of Will-determined Guardianship In My Country

With the continuous advancement of the construction of the rule of law in my country,and the continuous improvement and optimization of the legal system,voluntary guardianship has gradually attracted the attention of social groups.In actual life,more and more elderly people,homosexual groups,and couples experiencing marital crisis have the courage to try this new type of guardianship,that is,by signing an intentional guardianship agreement with others,so that guardians lose their capacity for civil conduct.Exercising rights on their behalf and protecting their own interests.Although there have been many cases of the elderly and homosexual groups handling the intended guardianship notarization in practice in our country,due to the imperfect legislation in our country,there are few notary agencies that dare to undertake this business,and there are still unsupervised notarization agencies.Defining the guardian's situation makes the rights and interests of the parties infringed after they lose their capacity for civil conduct.Based on the many problems and deficiencies in my country's intended guardianship notarization,this article proposes to establish a complete intended guardianship notarization system to better protect the interests of the intended guardianship needs.The first part of this article introduces the basic concept of the intended guardianship notarization system,and compares the difference between the existing intended guardianship notarization business and the intended guardianship notarization system proposed in this article.The second part analyzes the current status of legislation and practice of intended guardianship notarization in my country,and studies the intended guardianship notarization systems in the United States,Britain,Japan,France,Germany and other countries,and concludes that our country should learn from foreign experience.In the third part,the author analyzes the development of my country's intentional guardianship notarization business based on his own internship experience and analyzes the reasons.The main problems are: lack of unified legal norms,few notary institutions to undertake intentional guardianship notarization business,and lack of corresponding Supporting mechanism.The fourth part of this article analyzes the necessity and feasibility of constructing my country's voluntary guardianship notarization system,and analyzes the increasing demand for voluntary guardianship notarization in our country,and it is imperative to construct the intended guardianship notarization system.The fifth part of this article puts forward suggestions for constructing a notarization system of intended guardianship.On the basis of reference to foreign legislation,combined with the actual situation of our country,it is proposed that our country should stipulate the relevant content of the intended guardianship notarization system in the "Civil Code" and "Notarization Law".The basic content of the intended guardianship notarization system should include the process specifications,scope of authority,registration and publicity,and supervision system of the intended guardianship notarization business.In addition,in order to prevent notarization business errors from causing damage to the rights and interests of the parties,it is necessary to improve the compensation mechanism for notarization damages.All in all,constructing a system of intended guardianship notarization can protect adults' right to choose and choose the guardian who is most beneficial to them,which is conducive to maintaining social harmony and stability.