ON THE COMPARATIVE LAW CONCERNING THE OWNERSHIP OF LAND IN ITALY AND JAPAN

Research Project

Project/Area Number	03620019
Research Category	Grant-in-Aid for General Scientific Research (C)
Allocation Type	Single-year Grants
Research Field	Civil law
Research Institution	SHIMANE UNIVERSITY
Principal Investigator	OKAMOTO Shoji SHIMANE UNIVESITY, FACULTY OF LAW, PROFESSOR, 法文学部, 教授 (60108777)
Project Period (FY)	1991 – 1993
Project Status	Completed (Fiscal Year 1993)
Budget Amount *help	¥2,300,000 (Direct Cost: ¥2,300,000) Fiscal Year 1993: ¥500,000 (Direct Cost: ¥500,000) Fiscal Year 1992: ¥800,000 (Direct Cost: ¥800,000) Fiscal Year 1991: ¥1,000,000 (Direct Cost: ¥1,000,000)
Keywords	OWNERSHIP OF LAND / RIGHT OF BUILDING / ITALIAN TOWN PLANNING ACT / イタリア都市計画立法 / 都市的土地所有権 / イタリア土地所有権 / 都市計画規制 / 建築所有権
Research Abstract	THE INTENTION OF THIS STUDY IS THE RESEARCH ON THE RELATION-SHIP BETWEEN OWNERSHIP (ESTATE) AND TOWN PLANNING ACT IN ITALY ADN JAPAN. THE RIGHT OF OWNERSHIP (JUS AEDIFICANDI) IS LIMITED BY REST-RICTIONS WICH DERIVE FROM THE PUBLIC INTERST OF TOWN PLANNING.ITALIAN TOWN PLANNING HAS MASTERPLAN AND SEVERAL GOOD METHODS OF PRACTICE.THE LATTER CONTAINS THE BUILDING LICENSE (CONCESSIONE EDILIZIA), THE ZOWNING AND THE BUILDING STANDARDS.SO THE RIGHT OF OWNERSHIP IS NOT UNLIMITED BUT MEETS GREAT RESTRICTION. ACCRDING TO THIS ORGANISATION AND RESTRICTION, ITALIAN LEGAL EXISTING SYSTEM REALIZES A PERFECT TOWN PLANNING AND CONTROLS THE RIGHT FO LAND. HOWEVER THE SAME SYSTEM DOES NOT OBTAIN IN JAPAN.JAPANESE SYSTEM DOES NOT CONTROL ENOUGH THE DEVELOPMENT OF TOWN.BECAUSE IT BASE ON THE NOTION OF PERFECT OWNERSHIP.SO THERE ARE MANY THINGS WE MUST LEAN FROM ITALIAN SYSTEM OF THE OWNERSHIP AND TOWN PLANNING.