친자간의 협조의무 ― 비교법적 연구와 입법론 ―

Recently, especially after abolition of the HOJU[戶主] system, the legal significance of the relationship between parents and children has changed radically. On the one hand, it is widely recognized that the meeting nonfinancial demand of the aged is more and more important with the rise of life expectancy. On the other hand, it is no more possible to give the HYO[孝] priority over the recognition of human individuality and equality of rights. The result is a chaotic development of the law with respect to the elder care, which often neither promotes nor protects the interests of the aged. In view of the profound changes which have taken place in the institution of family, the necessity for a fundamental reevaluation of the family unit in terms of both its goals and its structure becomes increasingly compelling. Indeed, the time has come to redefine the family in terms of its primary sociological function: the protection and care of the week member. In this respect, we need to give attention to the value of such virtue as cooperation, respect, and consideration between family members. But with the increasing recognition of human individuality and equality of rights between generations, it is unrealistic to expect such virtue fulfilled by only moral motives. Therefore, it is time to consider enacting a provision on the relation between parents and mature children. In such countries as Germany, Swiss, and Japan, cooperation between parents and children is codified as legal obligation. For instance, In Swiss, "parents and children owe each other such support, consideration and respect as the good of the family community requires(ZGB §272)." By enacting such a provision, we can not only expect to redefine of the parents - children relation in terms of a mutual cooperation, but also highlight care as the principal function of the family.