2000 Fiscal Year Final Research Report Summary
A BASIC RESEARCH CONCERNING COLLECTIVE CONTROLS AGAINST OWNERSHIP OF LAND.
| Project/Area Number |
11620038
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Civil law
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| Research Institution | NIIGATA UNIVERSITY |
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Principal Investigator |
SEKI Takeshi FACULTY OF LAW, NIIGATA UNIVERSITY, PROFESSOR, 法学部, 教授 (30187835)
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| Project Period (FY) |
1999 – 2000
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| Keywords | PRIVATE WAY / OWNERSHIP OF LAND / DISINHERITANCE OF DISTURBANCE |
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| Research Abstract |
Private ways which are controled in a law (=Kenchikukijun-ho) are very different from the other ones. Though man can use such ways for a walk or drive, he has no private passage-right and only reflexive effect resulting from this legal various controls. When the ownership of a private way does not observe a legal control, inhabitants along the way are able to claim against relative government agency in oder to set that way right. However, this agency is not allways obliged to obey their claim.
In this research, at first, I discovered judgements and literatures in which their disinheritance-demand of disturbance or demand for damages against the ownership of private way was recognized. Next considerations were concerned the relations among legal controls in that law, ownership of private way and its passage-interests. At last, I considered in which conditions and legal explanations inhabitants' disinheritance-demand should be recognized.
My research, in conclusion, insisted that Inhabitants' disinheritance-demand should be recognised, because I understand that inhabitants' lifeinterests must be protected as far as their safety and health are able to be acquired.
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