1991 Fiscal Year Final Research Report Summary
A Compartive and Overall Study on the Mediated and combined Relation between the Established System of Urban Land Laws and "Fondamental Land Law"
| Project/Area Number |
02301074
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| Research Category |
Grant-in-Aid for Co-operative Research (A)
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| Allocation Type | Single-year Grants |
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| Research Field |
Civil law
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| Research Institution | The University of Tokyo |
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Principal Investigator |
HARADA Sumitaka Univ.of Tokyo Fac.of Law professor, 社会科学研究所, 教授 (50013016)
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| Co-Investigator(Kenkyū-buntansha) |
YASUMOTO Norio Univ.of Ritsumeikan Fac.of Law professor, 法学部, 教授 (20066723)
TAYAMA Teruaki Univ.of Waseda Fac.of Law professor, 法学部, 教授 (30063762)
YOSHIDA Katsumi Univ.of Hokkaido Fac.of Law professor, 法学部, 教授 (20013021)
KAINO Mitiatsu Univ.of Nagoya Fac.of Law professor, 法学部, 教授 (00013011)
HIROWATARI Seigo Univ.of Tokyo Fac.of Law professor, 社会科学研究所, 教授 (60025153)
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| Project Period (FY) |
1990 – 1991
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| Keywords | Fundamental Land Law / fundamental ideas on land / contemporsy land ownership / land use / freedom of construction / system of urban law / urban planning / housing |
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| Research Abstract |
Our project aimed to research the mediated and combined relation between the Established System of Urban Land Laws and "Fundamental Land Laws", such as that enacted in 1989 in Japan. However, the main aims of ours was to compare these new dimension of the system of urban land laws in Japan with the structures of French, German, English and American equivalents if any, and to find the difference of "fundamental ideas" on land in the context of actual workings of such law connecting with so called"public intersts". The conclusion partly referred in various publications of our project members, among them, we would like to mention here a publications as follows.
2.S.HARADA,S.HIROWATARI,Y.YOSIDA,M.KAINO and S.WATANABE (eds.), Urban Planning Law in Germany, France, England and the United States, University of Tokyo Press, February 1993.
Much more overall comparisons should be done in order to find the real context of above new dimension of urban land law after 1989 act. Since there appears sim
… More
ilar kind of change in the equivalents in above countries, we should include these new trends and then again try to find the very different structures between Japanese and other western systems. Following items, therefore are very essential and almost common for the analysis of each country :
(a) The development or formation of the concept of "Urban Planning Law" : (b) Urban planning, its subject and the idea of property in land : (c) Land activities or implementation system of urban planning : (d) Development value, beterrerment levy system and realizaton of the public interests : (e) The role of or impact from the housing policy.
3. The Report of Our Project :
Title : A Compartive and Overall Study on the Mediated and combined Relation between the Established System of Urban Land Laws and "Fondamental Land Law"
Writers included investigators of some Asian Coutries (Taiwan and Korea). That was important contribution, for we could reach to much more comprehensive comparison by the expansion of samples quantity and the increase of its value. Less
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