The Evaluation of Heir's Contribution in the form of Recuperation Nursing in the Contributory Portion System in Germany

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Other Title
  • ドイツ寄与分制度における療養看護型給付の評価について
  • ドイツ　キヨブン　セイド　ニ　オケル　リョウヨウ　カンゴガタ　キュウフ　ノ　ヒョウカ　ニ　ツイテ

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Description

Refereed Article

In Japan's super-aging society, there is an increasing number of cases in which the portion of contributory caring or nursing providet by heirs is requested in a family court based 011 Article 904-2 of the Japanese Civil Code. However, when such requests arc demanded, courts often do not recognize them due to their strict interpretation or the requirements for the contribution or recuperation nursing. This has led to many lawyers and legal scholars criticizing the position or the courts. By way of comparison, this paper examines the debate on the cuntributory portion of recuperation nursing in Germany. This is because Germany also has the contributory portion system in Article 2057a of the German Civil Code and had similar problems as Japan with the contributory portion of recuperation nursing until 2009. Subsequently, Article 2057a was amended in 2009 and the requirements for the contribution or recuperation nursing were eased. Therefore, this paper examines how the amended Article 2057a has affectted the courts' practice and what discussions have developed afterwards for German law scholars. Finally, the method of evaluating heir's contributions to recuperation nursing in the contributory portion syslem in Japan is investigated.

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Details 詳細情報について

  • CRID
    1390572175678575488
  • NII Article ID
    120007144171
  • NII Book ID
    AA1115271X
  • DOI
    10.18910/83604
  • ISSN
    24320870
  • HANDLE
    11094/83604
  • Text Lang
    ja
  • Article Type
    departmental bulletin paper
  • Data Source
    • JaLC
    • IRDB
    • CiNii Articles

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