피한정후견인의 행위능력

The Legal Capacity of the Ward under Limited Guardianship

The Civil Code Amendment of March 7 2011 replaced the much criticized interdiction system with new protective measures of guardianship. Among them, the limited guardianship avoids the ward’s overall incapacity by adopting the approach that his/her legal capacity may be limited only exceptionally by the family court’s decree. So understanding the legal capacity of the ward under limited guardianship should not depend upon explanations concerning the pre-reform Civil Code. This article tries to elucidate the interpretive issues resulting from the new law. It overviews the ward’s legal capacity in general, submits own suggestions with regard to art. 13 which regulates the possibility of limiting the ward’s legal capacity, and concludes with explaining his/her capacity according to other legal rules, i.e., art. 112 etc. On many important issues concerning limiting the ward’s legal capacity, a cautious approach overall proves to be appropriate.