| Civil Code Article 15-1June 19, 2019 |
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With respect to any person who has insufficient capacity to make declaration of intention, receive declaration of intention, or who lacks the ability to discern the outcome of the declaration of intention due to mental disability, the court may order the commencement of assistance at the request of the person in question, his/her spouse, any relative within the fourth degree of kinship, a prosecutor, a competent authority or an organization of social welfare. "When the cause of assistance ceases to exist, the court must revoke the order of the commencement of guardianship at the request of the applicant set forth in previous paragraph. "If a person who is the subject to the order of commencement of assistance is in need of guardianship, the court, under paragraph 1 of Article 14, may change the order to the commencement of guardianship. |
| Civil Code Article 15June 19, 2019 |
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A person who has become subject to the order of the commencement of guardianship has no capacity to perform any juristic act. Details > |
| Civil Code Article 15-2June 19, 2019 |
A person under assistance must obtain the consent of his/her assistant if he/she intends to perform any of the following acts; provided, however, that, this shall not apply to any act relating to pure legal benefit or the necessity based on the person’s age, status, and daily life "(1) being a responsible person of a sole proprietorship, of a partnership company, or of a juristic person; "(2) making loans for consumption, consumption deposit, a guaranty, a gift, or a trust; "(3) taking any procedural action; "(4) agreeing to compromise, conciliation, adjustment, or signing arbitration contract; "(5) performing any act with the purpose of obtaining or relinquishing any right regarding real estate, vessels, aircrafts, vehicles, or other valuable property; "(6) performing partition of the inheritance, legacy, waiving the right to inheritance, or any other related right; "(7) performing any other act, at the request of the person or his/her assistant, appointed by the court under previous provision. "The provisions of Articles 78 to 83 shall apply mutatis mutandis to conditions not agreed by assistant according to the provisions of the preceding paragraph. "The provision of Article 85 shall apply mutatis mutandis to acts, agreed by the assistant and under section 1 of paragraph 1, performed by a person under assistance. "With respect to any act which requires the consent of the assistant under paragraph 1, if the assistant does not give consent in cases where the interest of the person under assistance is unlikely to be prejudiced, the court may, at the request of the person under assistance, give permission. Details > |
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