美国成年人监护法的改革及对我国未来民法典之借鉴意义

Adult guardianship reform in American law and its benefits to our future Civil law

改革前的美国成年人监护法,侧重保护交易安全,维护社会利益。设置监护后,行为能力被全面剥夺或受限成为当然结果。自六十年代起,美国的学者们对成年人监护制度进行了深刻的反思,改革后的成年人监护法即是这种一流智慧的积淀。在认定欠缺能力需要设置监护后对欠缺能力者的行为能力范围进行预先宣告,力图做到宣告的行为能力与被宣告者实际的行为能力相一致。从"全面监护"到"有限监护"可以用来描述美国改革所取得之成果。从"抽象的人"到"具体的人",作为近代民法过渡到现代民法之本质表现,也可以用来描述美国改革所取得之成果。美国改革的上述经验,对我国具有重要的借鉴意义!

Adult guardianship in American law before its reform tries to protect the security of transaction in order to safeguard the interests of society. Once the guardianship was set up, the adult in guardianship lost the freedom to act in all or most aspacts. In fact, law scholars in America have studied adult guardianship since 1960s and the achievements they have got possess the dominant position in this field. Adult guardianship reform in American law just concentrates their wisdom. Nowadays a court which once decides that an incapacitated adult needs protection through guardianship will proclaim the scope of his legal capacity and will try its best to make what it has proclaimed fit the real situation of that incapacitated adult. From plenary guardianship to limited guardianship can describe precisely what adult guardianship in American law has achieved through its reform. From abstract person to concrete person which essentially demonstrates the changes of Civil law from recent times to modem times, I believe, can also describe the achievements of Adult guardianship reform in American law. Studying the Adult guardianship reform in American law in order that our future civil law can benefit from it, is the purpose of this text.