Innovative reform of the guardianship system against the backdrop of an aging population has systemic effects.Although articles 1169(2),1188,and 1189 of the Civil Code,which regulate the tort liability of guardians,have not been substantially improved,the logic of their systematic interpretation must be re-examined.After the General Provisions of the Civil Code abandoned the broad concept of civil capacity,interpretative theory needs to address the issue of liability subjects by linking the conditions of civil capacity to civil liability capacity.This,in turn,determines the conditions under which guardians fulfill their statutory supervisory obligations in the course of performing their guardianship duties.It clarifies that the fault-based liability principle should be uniformly applied when guardians assume tort liability.In cases of instigating or aiding a tort,guardians shall bear corresponding liability due to their fault and shall be jointly and severally liable in part with the instigator or aider.In cases of entrusted guardianship,the trustee shall only be liable for breach of contract to the principal(guardian)for failure to perform guardianship duties.Only when the trustee's fault,beyond the failure to perform agreed obligations,results in harm to the ward,shall both the trustee and the guardian bear several liability according to their respective faults.Based on dynamic considerations of the legal system,the normative element of the ward'having property'serves as a correction to the simplistic typification defect in the constitutive requirements for guardians'tort liability.This strikes a balance between remedying the injured party and protecting the guardianship relationship.
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