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Comparative Study on the Law of Taking and Compensation

Research Project

Project/Area Number 15530004
Research Category

Grant-in-Aid for Scientific Research (C)

Allocation TypeSingle-year Grants
Section一般
Research Field Fundamental law
Research InstitutionThe University of Tokyo

Principal Investigator

EBIHARA Akio  The University of Tokyo, Graduate Schools for Law and Politics, Professor of Law, 大学院法学政治学研究科, 教授 (00114405)

Co-Investigator(Kenkyū-buntansha) TERAO Yoshiko  The University of Tokyo, Graduate Schools for Law and Politics, Professor of Law, 大学院法学政治学研究科, 教授 (20114431)
Project Period (FY) 2003 – 2005
Project Status Completed (Fiscal Year 2005)
Budget Amount *help
¥2,200,000 (Direct Cost: ¥2,200,000)
Fiscal Year 2005: ¥500,000 (Direct Cost: ¥500,000)
Fiscal Year 2004: ¥600,000 (Direct Cost: ¥600,000)
Fiscal Year 2003: ¥1,100,000 (Direct Cost: ¥1,100,000)
Keywordsproperty / taking / compensation / German Constitutional / special offer theory / Court / 連結条項 / 所有権 / 損失補償 / regulatory taking
Research Abstract

The German Constitutional Court has been developping a new theory with regard to the constitutional protection of the property right since its decisions on the 15th July, 1981. As its decisions differ basically from the former civil court decisions, German lawyers often speak of a paradigm change in the property right theory. However, the German Constitutional Court had given several decisions to the same effect already in 1960's and 1970's. The first one was so-called "Feldmuehle"-decision in 1962, the second one was in 1971. Professor Lerke Osterloh, who later became judge in the Constitutional Court, argued according to these court decisions that the compensation can be required not only in taking cases, but also in statutory limitations of the property rights.

Report

(4 results)
  • 2005 Annual Research Report   Final Research Report Summary
  • 2004 Annual Research Report
  • 2003 Annual Research Report

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Published: 2003-04-01   Modified: 2016-04-21  

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