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2001 Fiscal Year Final Research Report Summary

Legal Sociological Study on the Right Relations of Irrigation Pond, especially in Higashi-Hiroshima, Japan

Research Project

Project/Area Number 12620005
Research Category

Grant-in-Aid for Scientific Research (C)

Allocation TypeSingle-year Grants
Section一般
Research Field Fundamental law
Research InstitutionHIROSHIMA UNIVERSITY

Principal Investigator

ITOH Moriya  Hiroshima University, Faculty of Integrated Arts and Sciences, Professor, 総合科学部, 教授 (80034594)

Co-Investigator(Kenkyū-buntansha) TOMII Toshiyasu  Hiroshima University, Faculty of Integrated Arts and Sciences, Professor, 総合科学部, 教授 (40006466)
Project Period (FY) 2000 – 2001
KeywordsIrrigatiion Pond / Water Rights / Agricultural Water for Irrigation / Regional Water for Environment
Research Abstract

1. Higashi-Hiroshima City is located in Kamo-terrace, center of Hiroshima Prefecture. It could confirm that it was a very eminent irrigation pond zone in the whole country. Socio-economically it confirmed that this area was the remarkable area of the so-called urbanization.
2. The knowledge which we got about the right relations of the irrigation pond is as the next.
(1) Though abstract site ownership formal, facilities ownership ofen entails control of the facilities, and it is presumed the water rights subject in that case.
(2) As irrigation pond becomes large-scale, ownership moves to the group more than an individual.
(3) Reflecting the relations with water supply facilities, a considerable differentiation tendency is seen between the possession and the control, the control and the use.
(4) As for the registration ownership of irrigation pond, it can be said that what is made mere "commen" is abundant, making characteristics of this area.
(5) As the possession subject of ownership is small-scale, it shows a tendency to use it except for the agriculture water.
(6) In this area, the character of not only advantage water, riparian work, but also the "environment water" is strengthened with an irrigation pond.
(7) Agriculture person's and non-agriculture person's joint environment protection activities are seen. What kind of transfiguration does this give the character of water right? - this, from now on, is noteworthy.

  • Research Products

    (3 results)

All Other

All Publications (3 results)

  • [Publications] 伊藤護也: "溜池の権利関係についての基礎的研究-東広島市を事例にして-"広島法学(広島大学法学会). 25巻4号. 1-19 (2002)

    • Description
      「研究成果報告書概要(和文)」より
  • [Publications] 富井利安: "眺望・景観訴訟の分析と方理論上の課題"環境法政策学会誌(商事法務研究会刊). 第5巻. 104-114 (2002)

    • Description
      「研究成果報告書概要(和文)」より
  • [Publications] Itoh Moriya, Hasegawa Yoshihito: "Fundamental Study on the Right Relations of Irrigation Pond, especially in Higashi Hiroshima"HIROSHIMA HOGAKU, The Hiroshima Law Journal. Vol. 25 No. 4. 1 (124)-19 (106) (2002)

    • Description
      「研究成果報告書概要(欧文)」より

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Published: 2003-09-17  

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