2005 Fiscal Year Final Research Report Summary
Positivistic study of the amendments to the law concerning the landlord and tenant in 1960s - as a reaction to the change of the Japanese post-war society
| Project/Area Number |
16530059
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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 | Dokkyo University |
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Principal Investigator |
KOYANAGI Shunichiro Dokkyo University, Faculty of Law, Professor, 法学部, 教授 (00153685)
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| Project Period (FY) |
2004 – 2005
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| Keywords | land lease / legal nature of lease / change of city structure / mortgage of lease / legitimate cause / non-judicial dispute solution |
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| Research Abstract |
This research reexamines the amendments in 1966 to the law concerning leased land and rented house. As a draft for the amendments, The Ministry of Justice announced in 1956 "Outline of the tentative plan for the amendments to the law concerning Leased Land and Rented House", prepared by professor WAGATSUMA Sakae. However, this tentative plan met a considerable resistance from the landowners, since it aims, with the purpose of empowering the leaseholders, to transform the legal nature of property lease from personal property to real property. Due to the severe reaction, the Ministry of Justice decided to renounce its ambitious plan and to limit its reexamination work to the matters of urgent necessity, thus achieved the amendments in 1966. This research examines the main reason of the proposed amendments, especially the reason why it aimed to transform the legal nature of the property lease and to introduce a new dispute solution system.
With the help of the grant-in-aid, the investigato
… More
r collected and examined many drafts, documents, conference reports and papers written at that time to clarify a big flow of revision work in an article written in Dokkyo Hogaku as a result of the research. Wagatsuma intended to transform the legal nature of the property lease into real property with the view to enabling the leaseholder to transfer, sublease his right and even constitute mortgage of the right without the intervention of the landowners. Also, for the city fireproofing, the Ministry of Construction requested the Ministry of the Justice to introduce a system facilitating the reconstruction of the building. The disputes concerning the lease problem occupying 20 percent or more of the litigation under jurisdiction of the district court at that time, the Ministry of Justice for his part needed a new dispute solution system. However, the judges had a hesitation to the proposed amendments for the fear that the proposed dispute solution system might overweight load of the court, since it emphasized their active interventions in the litigation. I also pointed out that due to the amelioration of the disclosure of official information it is profitable to reexamine the discussion in the civil affairs legislation in postwar days for the improvement of the law in action. Less
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[Journal Article] 震災復興と民事法制(上)2006
Author(s)
小柳春一郎(鎌田薫, 始関正光, 寺田逸郎, 道垣内弘人, 松岡久和, 安永正昭, 山野目章夫, 戒正晴と共著)
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Journal Title
ジュリスト 1314号
Pages: 116-128
Description
「研究成果報告書概要(和文)」より
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