法政論叢
Online ISSN : 2432-1559
Print ISSN : 0386-5266
ISSN-L : 0386-5266
高齢者介護の法的評価
本田 弘子小川 晴子
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ジャーナル フリー

1996 年 32 巻 p. 80-88

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As the society grows into the old age society, the care for the old people gets to be a big social problem. Japan, now getting to be the old age society, has enforced the social policy to care the old people in their own house rather than in the nursing home. Therefore, recently, the social welfare support for the families that care the old people in their house has been also gradually increased. However, it will take long time before this social support comes to fully function, and under the present conditions, it is women like wife, duaghter and "YOME" or son's wife that actually work and take pains to care the old people. But then, how should we estimate their contributions? According to the amendments of the civil law in 1980, the "KIYOKEN", of the contributor's right was newly established in the law of inheritance, and the heir or heiress who had especially contributed to the ancester became to be able to get special remuneration from the inheritance. But in case "YOME" contributed, not being an heiress, she cannot have the contributor's right. Instead, her contribution is regarded as her husband's, i.e., ancester's son's contribution, and he gets the remuneration for "YOME", his wife's contribution. But this means should not be admitted in view of the conjual property system, the sense of the remuneration for the contributor, women's independence and the propriety of the preservation of "IE", or household system peculiar in Japan. In this research, tracing the judgements of court, we aimed to present the negative theory against the former theories and precedents, and to suggest a counterplan for legal acknowledgement of "YOME"'s remuneration for her contribution.

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© 1996 日本法政学会
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