Basic Theory on Land Boundry: Contribution through Comparative study of Japanese and French Law
| Project/Area Number |
23530018
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Multi-year Fund |
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| Section | 一般 |
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| Research Field |
Fundamental law
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| Research Institution | Dokkyo University |
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Principal Investigator |
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| Project Period (FY) |
2011 – 2013
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| Project Status |
Completed (Fiscal Year 2013)
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| Budget Amount *help |
¥3,900,000 (Direct Cost: ¥3,000,000、Indirect Cost: ¥900,000)
Fiscal Year 2013: ¥1,040,000 (Direct Cost: ¥800,000、Indirect Cost: ¥240,000)
Fiscal Year 2012: ¥1,300,000 (Direct Cost: ¥1,000,000、Indirect Cost: ¥300,000)
Fiscal Year 2011: ¥1,560,000 (Direct Cost: ¥1,200,000、Indirect Cost: ¥360,000)
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| Keywords | 土地境界 / 地籍 / フランス法 / 筆界 / 土地家屋調査士 / 土地所有権 / 国土調査 / フランス / ナポレオン地籍 / 日仏不動産法 / 相隣関係 / 境界確定 |
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| Research Abstract |
The Japanese land boundary system attaches great importance to the cadastral boundary. In boundary litigations, the civil courts do not determine the ownership boundary. The Courts reconstruct the original cadastral line daterminded at the time of the land-tax reform at Meiji Restoration. The problem is that the cadastral boundary does not necessarily correspond to the ownership boundary and that it cannot be fixed by the agreement made by the adjoining landowners, due to its administrative character. On the contrary the French law adopts a system oriented to the land ownership. The famous Napoleon cadaster was created for the purpose of taxation of the land tax. The French civil courts can determine the ownership boundary by "action en bornage". The Japanese law needs to focus more on the ownership boundary. Real estate surveyors may play a significant role in linking the ownership boundary and cadastral boundary by seeking the agreement of the adjoining landowners.
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Report
(4 results)
Research Products
(52 results)
