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[] 성년후견제도의 이론과 실무 개정증보판 3 판 | 양장

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도서명	성년후견제도의 이론과 실무 개정증보판 3 판 \| 양장
출판사	진원북스
소비자가	50,000원
판매가	47,500원
적립금	475원 (1%)
저자	김은효
제조일자	2024-04-15
페이지수	498 페이지
배송비	3,000원 (30,000원 이상 구매 시 무료)
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성년후견제도의 이론과 실무 개정증보판 3 판 \| 양장		47500 ( 475)
총 상품금액(수량) : 0 (0개)

상품상세정보

제1장 서 론
Ⅰ. 개 관···································································································3
Ⅱ. 성년후견제도의 주요내용········································································· 5
Ⅲ. 각국의 성년후견제도의 내용 및 도입배경·················································· 6
1. 독 일······························································································ 6
2. 프 랑 스··························································································· 9
3. 일 본···························································································· 11
4. 영 국···························································································· 13
Ⅳ. 성년후견제도의 이념적 기초···································································16
1. 자기결정권의 존중············································································16
2. 정상화(Normalization)···········································································17
3. 잔존능력의 활용···············································································17
4. 필요성의 원칙··················································································18
5. 보충성의 원칙··················································································18
6. 유엔장애인 권리협약과 성년후견제도··················································19
Ⅴ. 후견인의 사회복지적 역할······································································21
제2장 성년후견
Ⅰ. 성년후견의 개시··················································································· 23
1. 개시와 종료·····················································································23
2. 성년후견의 원인···············································································23
3. 절차의 개시·····················································································24
4. 관 할···························································································· 26
5. 본인 의사의 존중············································································· 27
6. 정신감정························································································· 28
7. 후견사건에서의 가사조사···································································29
8. 청구인의 청구와 법원의 심판·····························································30
9. 청구의 철회·····················································································31
Ⅱ. 성년후견 심판의 고지 등······································································· 31
1. 개 요···························································································· 31
2. 즉시항고························································································· 32
3. 재 항 고························································································· 33
4. 후견등기부기록의 촉탁······································································33
Ⅲ. 성년후견인의 선임················································································ 34
1. 개 요···························································································· 34
2. 성년후견인의 수···············································································34
3. 성년후견인의 자격············································································35
4. 성년후견인의 법률상의 지위······························································38
Ⅳ. 성년후견인의 사무················································································ 43
1. 개 요···························································································· 43
2. 피성년후견인의 복리와 의사존중························································44
3. 피성년후견인의 재산관리···································································45
4. 성년후견인과 피성년후견인과의 이익상반행위······································53
5. 피성년후견인의 신상보호···································································56
Ⅴ. 성년후견인의 사임 및 변경···································································· 69
1. 성년후견인의 사임············································································69
2. 성년후견인의 변경············································································69
Ⅵ. 후견사무비용 및 보수의 청구································································· 72
1. 후견사무비용의 청구·········································································72
2. 후견보수 청구··················································································72
Ⅶ. 후견사무보고서·····················································································75
Ⅷ. 성년후견의 종료··················································································· 75
1. 개 요···························································································· 75
2. 절 차···························································································· 76
3. 즉시항고························································································· 77
4. 후견등기부기록 촉탁·········································································77
5. 피성년후견인에 대하여 한정후견개시 심판을 할 경우··························· 77
Ⅸ. 성년후견사무의 종료와 계산···································································78
[서식 1] 성년후견개시 심판 청구······················································· 79
[서식 2] 소송구조 신청서··································································87
[서식 3] 성년후견인의 법정대리권의 범위 변경 청구····························90
[서식 4] 성년후견인 변경 심판 청구···················································92
[서식 5] 성년후견인의 임무수행에 관하여 필요한 처분 명령 청구··········94
[서식 6] 성년후견인의 의사표시를 갈음하는 재판 청구·························96
[서식 7] 성년후견인의 재산목록 작성기간 연장 허가 청구···················· 98
[서식 8] 피성년후견인 격리에 대한 허가 청구··································· 100
[서식 9] 피성년후견인에 대한 의료행위 동의에 대한 허가 청구···········102
[서식 10] 피성년후견인의 재산상황에 대한 조사 명령 청구·················104
[서식 11] 피성년후견인이 거주하는 건물 또는 대지에 대한매도 등에
대한 허가 청구································································· 106
[서식 12] 성년후견(감독)인에 대한 보수의 수여 청구························· 108
[서식 13] 성년후견인이 피성년후견인의 신상에 관하여 결정할 수 있는
권한의 범위 변경 청구·······················································110
[서식 14] 특별대리인 선임 청구·······················································112
[서식 15] 성년후견인 사임에 대한 허가 청구···································· 114
[서식 16] 성년후견종료 심판 청구····················································116
[서식 17] 후견사무보고서································································118
[본 저서에 사용된 후견관련 양식은 실무 참조용으로 사용하기 바라며, 서울가정법원에서 제공하는 후견사건(성년.
한정.특정 후견 개시심판청구서 등 20여종) 관련 양식은 대한민국 법원 전자민원센터(https://help. scourt..go.kr)
또는 서울가정법원 홈페이지(https://slfamily. scourt. go.kr)에서 내려 받을 수 있음.]
제3장 한정후견
Ⅰ. 한정후견의 개시··················································································135
1. 개시와 종료···················································································135
2. 한정후견의 원인·············································································135
3. 절차의 개시···················································································136
4. 관 할···························································································136
5. 본인의 의사존중과 당사자 심문························································136
6. 정신감정························································································136
Ⅱ. 한정후견개시의 심판청구 및 효과························································· 137
1. 한정후견개시의 심판청구·································································137
2. 한정후견 개시심판의 효과······························································· 138
3. 즉시항고························································································139
Ⅲ. 한정후견인의 선임 및 사무···································································140
1. 한정후견인의 선임··········································································140
2. 한정후견인의 사무 등····································································· 140
Ⅳ. 한정후견감독인의 선임 및 사무···························································· 145
Ⅴ. 한정후견의 종료··················································································146
[서식 18] 한정후견 개시 심판 청구·················································· 147
[서식 19] 한정후견인의 동의를 받아야 하는 행위의 범위 변경 청구·····155
[서식 20] 한정후견인의 동의를 갈음하는 허가 청구··························· 159
[서식 21] 한정후견인의 대리권의 범위 변경 청구······························ 161
[서식 22] 한정후견인이 피한정후견인의 신상에 관하여 결정할 수 있는
권한의 범위 변경 청구·······················································165
[서식 23] 피한정후견인 격리에 대한 허가 청구································· 167
[서식 24] 피한정후견인이 거주하는 건물 또는 대지에 대한 매도 등에 대한
허가 청구·········································································169
제4장 특정후견
Ⅰ. 특정후견의 개시··················································································171
1. 특정후견의 개시·············································································171
2. 특정후견의 원인·············································································171
3. 절차의 개시···················································································172
Ⅱ. 특정후견 개시 심판청구 및 효과···························································172
1. 관할 등·························································································172
2. 심판의 고지와 즉시항고·································································· 173
3. 후견등기부기록의 촉탁····································································174
Ⅲ. 특정후견인의 선임 및 사무···································································174
1. 선 임···························································································174
2. 후견사무 등···················································································175
Ⅳ. 특정후견인의 사임 및 변경···································································177
1. 특정후견인의 사임··········································································177
2. 특정후견인의 변경··········································································178
Ⅴ. 특정후견감독인의 선임 및 사무···························································· 178
Ⅵ. 특정후견의 종료··················································································179
Ⅶ. 특정후견과 공공후견지원사업······························································· 181
[서식 25] 특정후견 심판 청구··························································182
[서식 26] 특정후견인의 의사표시를 갈음하는 재판 청구····················· 186
[서식 27] 피특정후견인의 재산상황에 대한 조사 명령 청구·················188
[서식 28] 특정후견인의 임무수행에 관하여 필요한 처분 명령 청구······ 190
[서식 29] 특정후견인 변경 심판 청구··············································· 192
[서식 30] 특정후견감독인 선임 청구·················································194
[서식 31] 특정후견감독인의 의사표시를 갈음하는 재판 청구··············· 196
[서식 32] 특정후견감독인 사임에 대한 허가 청구······························ 198
[서식 33] 특정후견감독인 변경 심판 청구·········································200
[서식 34] 특정후견(감독)인에 대한 보수의 수여 청구························· 202
[서식 35] 특정후견종료 심판 청구····················································204
[서식 36] 특정후견인 사임에 대한 허가 청구···································· 206
제5장 임의후견
Ⅰ. 개 요······························································································· 209
Ⅱ. 후견계약의 성립 및 내용······································································210
1. 후견계약의 성립·············································································210
2. 대리에 의한 후견계약체결 여부························································210
3. 임의후견계약의 양태·······································································212
4. 후견계약의 내용·············································································212
Ⅲ. 후견계약의 효력발생············································································213
1. 임의후견감독인의 선임····································································213
2. 후견계약의 철회･변경 등·································································215
Ⅳ. 임의후견감독인··················································································· 217
Ⅴ. 임의후견인························································································· 220
Ⅵ. 임의후견의 종료··················································································221
Ⅶ. 법정후견의 보충성···············································································222
1. 임의후견에서 법정후견으로······························································222
2. 법정후견에서 임의후견으로······························································224
[서식 37] 임의후견감독인 선임 심판 청구·········································226
[서식 38] 임의후견인 해임 심판 청구··············································· 229
[서식 39] 임의후견감독인 사임에 대한 허가 청구······························ 231
[서식 40] 임의후견감독인 변경 심판 청구·········································233
[서식 41] 임의후견감독인의 의사표시를 갈음하는 재판 청구··············· 235
[서식 42] 임의후견감독인에 대한 보수의 수여 청구··························· 237
[서식 43] 후견계약 종료 허가 청구·················································· 239
제6장 성년후견제도의 실무운영 면에서의 역할
Ⅰ. 법정후견제도······················································································ 249
1. 신청단계에서의 역할·······································································249
2. 심리단계에서의 역할·······································································251
3. 법정후견인으로서의 역할·································································251
4. 성년후견인 선임직후의 사무···························································· 254
5. 후견인 사무의 정리········································································ 256
Ⅱ. 임의(계약)후견제도···············································································257
1. 계약체결시의 역할··········································································257
2. 임의후견인으로서의 역할·································································259
Ⅲ. 후견감독인························································································· 260
1. 후견사무감독의 필요성····································································260
2. 가정법원의 후견사무감독·································································261
3. 후견감독 매뉴얼의 작성·································································· 262
4. 성년후견감독인의 사무····································································263
Ⅳ. 가정법원의 기타 후견감독사건······························································269
1. 민법 제947조의2 관련(권한초과 행사)················································ 270
2. 후견인의 임무수행에 관하여 필요한 처분 명령(제954조)······················270
3. 후견인 변경 등 사건·······································································270
4. 후견인 권한 변경 등 사건······························································· 270
5. 후견인의 의사표시와 관련한 사건·····················································270
6. 기타 부수사건················································································271
제7장 후견인으로서 법인의 역할
Ⅰ. 개 요······························································································· 273
Ⅱ. 도입 경위···························································································273
Ⅲ. 성년후견제도······················································································ 274
1. 규정의 명문화················································································274
2. 후견법인의 적격성··········································································275
3. 운용의 장･단점 등··········································································276
Ⅳ. 일본의 경우························································································277
1. 법인후견 선임건수··········································································277
2. 법인후견 수임의 실제····································································· 277
Ⅴ. 독일의 경우························································································279
1. 후견인(돌봄인)················································································ 279
2. 후견(돌봄)협회················································································280
3. 후견사단························································································280
4. 성년후견기관(성년후견청)··································································281
Ⅵ. 결 론······························································································· 281
제8장 공공후견
Ⅰ. 공공후견지원사업의 의의 및 개요························································· 283
Ⅱ. 지원대상···························································································· 283
1. 발달장애인···················································································· 283
2. 정신장애인···················································································· 284
3. 치매노인························································································284
Ⅲ. 지원내용···························································································· 285
Ⅳ. 공공후견에서의 후견유형 활용······························································285
Ⅴ. 공공후견지원사업의 수행기관······························································· 286
제9장 성년후견인의 책임문제(제3자와 관련하여)
Ⅰ. 성년후견인 등의 책임·········································································· 287
1. 피후견인의 불법행위 책임(민법 제754조)············································287
2. 성년후견인의 책임(민법 제755조)·······················································287
3. 면책이 되는 경우(제755조 제1항 단서)················································288
4. ʻ정신건강증진 및 정신질환자 복지서비스 지원에 관한
법률(정신건강 복지법)ʼ과의 관계························································· 288
5. 성년후견인의 감독의무의 구체적 내용···············································289
6. 성년후견인으로서의 구체적 대응방법················································ 291
Ⅱ. 한정후견인･특정후견인의 책임······························································292
Ⅲ. 전문직후견인의 배상책임보험 문제························································292
제10장 사전처분
Ⅰ. 개 요······························································································· 295
Ⅱ. 임시후견인 선임 사전처분····································································296
Ⅲ. 직무집행 정지 및 직무대행자 선임 사전처분·········································· 297
Ⅳ. 고지와 통지························································································298
Ⅴ. 후견등기부기록의 촉탁·········································································298
Ⅵ. 임시후견인, 직무대행자 등의 보수 지급·················································299
1. 보수의 지급···················································································299
2. 보수의 예납···················································································299
Ⅶ. 불 복······························································································· 300
[서식 44] 임시후견인 선임 사전처분 신청·········································301
[서식 45] 성년후견인 직무집행정지 및 직무대행자 선임 사전처분 신청 304
제11장 성년후견의 공시
Ⅰ. 관 할······························································································· 307
Ⅱ. 후견등기부편성··················································································· 308
Ⅲ. 성년후견 등기사항···············································································308
Ⅳ. 등기사항증명서의 교부 등(법 제15조 내지 제17조)···································· 309
Ⅴ. 변경등기의 신청··················································································309
Ⅵ. 종료등기의 신청··················································································310
제12장 성년후견인과 사후사무
Ⅰ. 개 요······························································································· 311
Ⅱ. 성년후견인의 사후사무·········································································312
1. 후견인직무와 관련하여····································································312
2. 기타사항························································································312
Ⅲ. 성년후견인의 사후사무와 관련문제························································313
1. 관리의 계산(정산사무)······································································313
2. 관리재산의 일시보관과 상속인에의 반환············································314
3. 상속재산관리인, 부재자의 재산관리인선임청구···································314
4. 성년후견종료의 등기신청·································································315
5. 가정법원에 후견사무종료보고···························································315
6. 피후견인의 사망에 관련되는 공적 사무의 처리·································· 315
7. 재산처리에 관한 사무····································································· 316
8. 사후의 종교적 의례에 관한 사무 등··················································318
9. 피후견인의 소송기록 등·································································· 318
Ⅳ. 결 론······························································································· 319
제13장 국제사법과 성년후견
Ⅰ. 개 요······························································································· 321
Ⅱ. 국제재판관할······················································································ 321
1. 재산에 관한 소·············································································· 321
2. 관련사건의 관할·············································································322
3. 후견사건의 특별관할·······································································322
4. 후견의 재판관할·············································································322
제14장 후견인의 윤리적 사명
Ⅰ. 개 요······························································································· 323
Ⅱ. 성년후견제도의 기본원칙······································································324
Ⅲ. 성년후견인의 행동규범(강령)································································· 326
참 고 문 헌························································································· 328
◈ 부 록 Ⅰ_
1. 후견이 문제가 되는 사례들··························································331
2. 성년후견 등 개시심판결정문 사례·················································335
3. 재산목록 보고서·········································································352
◈ 부 록 Ⅱ_
1. 신구조문대비표(민법)··································································· 361
2. 신구조문대비표(가사소송법)····························································398
3. 후견등기에 관한 법률································································· 418
4. 가사소송규칙············································································· 430
5. 민사 및 가사소송의 사물관할에 관한 규칙·····································471
◆ 사항색인······················································································· 475

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