论老年监护设置依据
发布时间：2018-09-08 17:16
【摘要】：老年监护设置不同于未成年人监护设置,设置依据是老年监护设置的前提条件,却为学界所忽视。对监护设置历史的追溯可以发现,监护设置依据自古包括智能和体能两因素,近现代国家民法中也多有体现。不同于未成年人体能和智能增长"从无到有"的过程,老年人因衰老而导致的体能与智能减损是一个"从有到无"的过程,年龄无法成为设置老年监护的直接依据。智能或体能减损致老年人无法"正常化"生活是老年监护设置的合理标准。
[Abstract]:The setting of elder guardianship is different from that of minors, and the basis of setting is the precondition of the setting of elder guardianship, which has been ignored by the academic circles. Tracing back to the history of guardianship setup, it can be found that the basis of guardianship setup includes two factors of intelligence and physical ability since ancient times, and it is also reflected in modern national civil law. Different from the process of "from nothing to existence" in the growth of minors' physical ability and intelligence, the physical and intellectual impairment caused by the aging of the elderly is a "from having to nothing" process, and age cannot be the direct basis for setting up the elderly monitoring. It is a reasonable standard for the elderly to be unable to "normalize" their life due to mental or physical impairment.
【作者单位】： 福州大学法学院;
【分类号】：D923
本文编号：2231172
[Abstract]:The setting of elder guardianship is different from that of minors, and the basis of setting is the precondition of the setting of elder guardianship, which has been ignored by the academic circles. Tracing back to the history of guardianship setup, it can be found that the basis of guardianship setup includes two factors of intelligence and physical ability since ancient times, and it is also reflected in modern national civil law. Different from the process of "from nothing to existence" in the growth of minors' physical ability and intelligence, the physical and intellectual impairment caused by the aging of the elderly is a "from having to nothing" process, and age cannot be the direct basis for setting up the elderly monitoring. It is a reasonable standard for the elderly to be unable to "normalize" their life due to mental or physical impairment.
【作者单位】： 福州大学法学院;
【分类号】：D923
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