2013 Fiscal Year Final Research Report
Usufruct right in French society : toward a comparative analysis on administration of property
| Project/Area Number |
23730002
|
|---|
| Research Category |
Grant-in-Aid for Young Scientists (B)
|
| Allocation Type | Multi-year Fund |
|---|
| Research Field |
Fundamental law
|
|---|
| Research Institution | The University of Tokyo (2013)
Hokkaido University (2011-2012) |
|---|
Principal Investigator |
SAITO Tetsushi 東京大学, 社会科学研究所, 准教授 (50401013)
|
|---|
| Project Period (FY) |
2011 – 2013
|
| Keywords | フランス法 / 用益権 / 所有権 / 分肢 / 終身性 / 相続 / 恵与 / 家族財産法 |
|---|
| Research Abstract |
This research analyzes usufruct right in French Law. Comparative legal studies in Japan did not fully treat this subject because of the refuse of its introducing in the Japanese civil code. Firstly, the function of usufruct right in the field of inheritance law is clarified by researches on tax law and notary's practice. Secondly, we trace back to the origin of a doctrine concerning this right, according to which usufruct is the constituent parts separated of property right. However, this doctrine is not able to explain some practical uses of usufruct right. Theses two studies arrive at reconsideration on the property theory.
|
