the history of the security of the ward against his guadian

监护人应正确管理其受监护人的财产，并在监护结束时将其归还给他。监护人违反或玩忽职守的情况时有发生。因此，罗马法规定，受监护人对监护人的全部财产享有法定抵押权。这一规定在西欧国家得到了认可。这一规定对监护人来说是有用的，但对监护人来说是负担。在现代德国法律中，它沦为破产法上的特权。在日本，Boissonade已经推出了它。在他之后，立法者变成了监护人的任选义务。在1947年的改革中，它也被废除了。今天，对于监护人的错误行为，病房没有任何保障。

The guardian should administer rightly the fortune of his ward and at the end of the guardianship restore it to him. It happens oft, that the guardian violate or neglect his duties. Therefore it was introduced in Roman law, that the ward had the legal hypothec on the whole fortune of the guardian. This regulation was received in west Europe countries. This regulation was useful for the ward, but burden for the guardian. In modern German law it was reduced to the prerogative on the insolvent law. In Japan, Boissonade had introduced it. After him, the legislator changed to the optional obligation of the guardian. In the reform of 1947 it was also abolished. Today the ward has no security against the wrong doing of the guardian.