Research of "Incapacity"

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The japanese Civil Code came into force in 1898. And since then its reform was only twice performed (1947, 1979). But recently in many European countries (France, Germany et c.) was performed the big reform of the laws of incapacity and the japanese law of incapacity is nowadays out of date. Therefore in Japan the reform is inevitable in following points.1. In Japan there are only 2 types of incapacity for the adults. That system is too narrow and rigid to deal with the variety of mental or physical disability.2. According to the present japanese law we cannot protect the physically disabled persons, because we have only incapacity due to the mental disability.3. Incapacitation is not always profitable for the disabled persons. Therefore it is necessary to elaborate the system for the protection of disabled persons without incapacitation in addition to the present system.4. Nowadays the family court does not take the initiative in making the system begin to work. But the role of the State must be greater and graver.