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中华人民共和国民法典上一条 中华人民共和国民法典目录

第三十三条  具有完全民事行为能力的成年人,可以与其近亲属、其他愿意担任监护人的个人或者组织事先协商,以书面形式确定自己的监护人,在自己丧失或者部分丧失民事行为能力时,由该监护人履行监护职责。
Article 33
An adult with full capacity for performing civil juristic acts may, in anticipation of incapacity in the future, consult his close relatives, or other individuals or organizations willing to be his guardian, and appoint in writing a guardian for himself, who shall perform the duties of guardian when the adult loses all or part of his capacity for performing civil juristic acts.
第三十四条  监护人的职责是代理被监护人实施民事法律行为,保护被监护人的人身权利、财产权利以及其他合法权益等。
Article 34
The duties of a guardian are to represent the ward to perform civil juristic acts and to protect the personal, proprietary, and other lawful rights and interests of the ward.
A guardian’s rights arising from performance of his duties as required by law are protected by law.
A guardian who fails to perform his duties or infringes upon the lawful rights or interests of the ward shall bear legal liability.
Where a guardian is temporarily unable to perform his duties owing to an emergency such as an unexpected incident, thus leaving the ward in an unattended situation, the residents’ committee, the villagers’ committee, or the civil affairs department in the place where the ward’s domicile is located shall make arrangement as a temporary measure to provide necessary life care for the ward.
第三十五条  监护人应当按照最有利于被监护人的原则履行监护职责。监护人除为维护被监护人利益外,不得处分被监护人的财产。
Article 35
A guardian shall perform his duties in the best interest of the ward. A guardian may not dispose of the ward’s property unless it is for protecting the interests of the ward.
When performing his duties and making decisions relating to a minor’s interests, a guardian of a minor shall respect the true will of the minor based on the latter’s age and intelligence.
When performing his duties, a guardian of an adult shall respect the true will of the adult to the greatest extent possible, and ensure and aid the ward in performing civil juristic acts appropriate to his intelligence and mental status. The guardian may not interfere with the matters that the ward is capable of independently managing.


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