1993 Fiscal Year Final Research Report Summary
ON THE COMPARATIVE LAW CONCERNING THE OWNERSHIP OF LAND IN ITALY AND JAPAN
| Project/Area Number |
03620019
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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 | SHIMANE UNIVERSITY |
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Principal Investigator |
OKAMOTO Shoji SHIMANE UNIVESITY, FACULTY OF LAW, PROFESSOR, 法文学部, 教授 (60108777)
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| Project Period (FY) |
1991 – 1993
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| Keywords | OWNERSHIP OF LAND / RIGHT OF BUILDING / ITALIAN TOWN PLANNING ACT |
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| 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.
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