2007 Fiscal Year Final Research Report Summary
International Comparison of the Law for Comparted-ownerschip of the Buliding
| Project/Area Number |
17530077
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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 | Waseda University |
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Principal Investigator |
TAYAMA Teruaki Waseda University, Law School, Professor (30063762)
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| Project Period (FY) |
2005 – 2007
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| Keywords | Civil Law / Condominium Law |
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| Research Abstract |
40 years or more have already passed since the Condominium Law was enacted in Japan in 1963, and nowadays condominiums are established as the main residence status in the cities. However, various problems in the condominiums have become tangible especially in the urban areas. Namely, various problems occur in the management and the maintenance of condominiums, and the number of decrepit condominiums which have been constructed many years ago has increased. Even though a series of revisions have been realized as measures devised to deal with these problems, which could not be foreseen by the legislators, a lot of problems still exist under the law currently in effect.
Under these circumstances, it is necessary to consider the ideal structure of condominium in Japan. In this research, we have conducted a comparison of the Condominium Laws in Germany and in Japan. In Germany, many important developments in judicial decisions and lawmaking can currently be observed in the legislation concerning Condominiums, which has had a strong influence on the Japanese condominium law enacted in 1963. In this research not only have we given the outline of the developments mentioned above, but we have also obtained a certain level of understanding concerning the current situation of condominiums in Germany, through local field investigations. These are indispensable for the international comparison of law systems.
It is often pointed out that there are common problems in Japan and Germany and so far both have taken respectively original measures. However, taking into consideration the problems Japanese condominiums are confronted with, especially the way agreements between the owners are formed and the problem of nonpayment of management and maintenance fees of the condominium by the owners, discussions in Germany can provide us with a lot of useful information.
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