2014 Fiscal Year Final Research Report
Article 10 of the Act for the Enforcement of the Civil Code and Its Legal and Historic Significance.
| Project/Area Number |
24530005
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Multi-year Fund |
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| Section | 一般 |
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| Research Field |
Fundamental law
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| Research Institution | Aichi University of Education |
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Principal Investigator |
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| Project Period (FY) |
2012-04-01 – 2015-03-31
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| Keywords | 沖縄条項 / 民法施行法第10条 / 民法施行法案 / 民法施行法中改正法律案 / 民法中不動産上ノ権利ニ関スル規定 / 沖縄県土地整理事業 / 旧慣土地制度 / 不動産登記法施行 |
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| Outline of Final Research Achievements |
Article 10 of the Act for the Enforcement of the Civil Code prescribed "the rules relating to the real estate rights of Civil Code are not enforced for the duration in Okinawa".This Okinawa clause was deleted in 1906 by a revised law of this Act.This study examined not only the process of the enactment and the deletion of this clause but also its legal and historic significance. As a result, the following points became clear. The biggest reason of the Okinawa clause enactment was the existence of the customary law about the land in Okinawa. As for the deletion of this clause, the completion of the land reform in Okinawa was a premise. However, the deletion of this clause was two years behind schedule because of the political influence of the Meiji government.The real estate registration system was not applied to Okinawa until the deletion of this clause. The application of the rules relating to the real estate rights to Okinawa brought some big changes in the society of Okinawa.
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| Free Research Field |
民法学、法社会学
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