| Project/Area Number |
63520024
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| Research Category |
Grant-in-Aid for General Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Research Field |
Civil law
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| Research Institution | KANSAI UNIVERSITY |
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Principal Investigator |
SAWAI Yutaka KANSAI UNIVERSITY, DEPARTMENT OF LAW, PROFESSOR, 法学部, 教授 (80067511)
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| Co-Investigator(Kenkyū-buntansha) |
HAYAKAWA Shinichiro KANSAI UNIVERSITY, DEPARTMENT OF LAW, ASSISTANT PROFESSOR, 法学部, 助教授 (40114615)
SENTO Yozo KANSAI UNIVERSITY, DEPARTMENT OF LAW, PROFESSOR, 法学部, 教授 (00067729)
NAGATA Shinzaburo KANSAI UNIVERSITY, DEPARTMENT OF LAW, PROFESSOR, 法学部, 教授 (90067710)
KOKUBU Takeshi KANSAI UNIVERSITY, DEPARTMENT OF LAW, PROFESSOR, 法学部, 教授 (00067597)
TSUKIOKA Toshio KANSAI UNIVERSITY, DEPARTMENT OF LAW, PROFESSOR, 法学部, 教授 (30077995)
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| Project Period (FY) |
1988
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| Project Status |
Completed (Fiscal Year 1989)
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| Budget Amount *help |
¥1,600,000 (Direct Cost: ¥1,600,000)
Fiscal Year 1989: ¥600,000 (Direct Cost: ¥600,000)
Fiscal Year 1988: ¥1,000,000 (Direct Cost: ¥1,000,000)
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| Keywords | REVISION OF THE LAND AND HOUSE LEASE ACT / RENTS / COMPENSATIONS TO THE LESSEE FOR LEASE TERMINATION / REASONS JUSTIFYING THE TERMINATION OF LEASE / PERIOD OF LEASE / RENEWAL OF LEASE / SUCCESSION OF THE RIGHT OF HOUSE LEASE / 借地法・借家法の改正 / 立法と政策 / 法と現実の乖離 / 土地政策 / 住宅政策 / 立法政策 / 土地利用 / 法意識 / 正当事由 / 資料改定方式 / 借地借家の紛争処理 / 借地借家関係終了時の利害調整 / 借地借家の継続保障 |
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| Research Abstract |
MINISTRY OF JUSTICE IS NOW PREPARING REVISIONS OF THE LAND LEASE ACT AND HOUSE LEASE ACT, WHICH REVISIONS WILL CONSIDERABLY CHANGE THE SYSTEM OF LAND AND HOUSE IN JAPAN. CONCERNING THE SEVERAL POINTS WHICH HAVE BEEN DISCUSSED WITH RESPECT TO THE REVISIONS OF THE LAND LEASE ACT AND THE HOUSE LEASE ACT, WE HAVE DONE OUR RESEARCHES AND ANALYSES AS FOLLOWS.
FIRSTLY, WE ANALYZED THE RESPONSE BY VARIOUS GROUPS TO THE PRELIMINARY INQUIRIES CONDUCTED BY THE MINISTRY OF JUSTICE. SECONDLY, WE ANALYZED THE RESPONSES TO THE QUESTIONNAIRES OF THE FORUM ON LEASE OF LAND AND HOUSE BY THE EXPERTS IN OSAKA AREA. THIRDLY, WE CONDUCTED INTERVIEWS IN DEPTH WITH A GROUP OF LESSEES AND ALSO WITH TWO GROUPS OF LESSORS. ON THE BASIS OF THE ABOVE-MENTIONED WORKS, WE CRITICALLY EXAMINED THE SEVERAL MAIN POINTS BEING DISCUSSED IN THE COURSE OF THE REVISIONS OF THE RELEVANT ACTS.
RESULTS OF OUR EXAMINATION SHOWS THAT THE VIEWPOINT OF ADAPTATION OF THE RELEVANT ACTS TO THE CHANGING SITUATIONS IN THE SYSTEM OF LAND LEASE AND HOUSE LEASE IN RECENT YEARS, WHICH VIEWPOINT HAD BEEN EMPHASIZED BY THE MINISTRY OF JUSTICE AT THE BEGINNING OF THE PREPARATION OF THE ACT REVISIONS, HAS NOT NECESSARILY BEEN MAINTAINED CONSISTENTLY AND THAT THE REVISIONS BEING PROPOSED BY THE MINISTRY OF JUSTICE NEED TO BE DISCUSSED FULLY AND COMPLETELY WITH REGARD TO VARIOUS POINTS.
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