The origin of the superficies in ancient roman law

2016 Fiscal Year Final Research Report

• Project/Area Number: 26780005
• Research Category: Grant-in-Aid for Young Scientists (B)
• Allocation Type: Multi-year Fund
• Research Field: Fundamental law
• Research Institution: Chuo University
• Principal Investigator: Mori Hikaru 中央大学, 法学部, 教授 (70349215)
• Project Period (FY): 2014-04-01 – 2017-03-31
• Keywords: 地上権の生成 / 地上権の物権化 / 権利の物権化 / 準占有の保護 / 建築自由の原則 / 公有地利用の保護 / 不動産賃貸借 / ローマの学説法の展開

Outline of Final Research Achievements

The superfices in our (Japan's) civil law originated from the classical Roman law. This right, like usufructuary right (usus fructus) and easement (servitus), has been recognized as one of ius in re aliena since ancient times. The goal of this study is to clarify where this right is derived, and how it came to be recognized as a real right (ius in re aliena). To accomplish this, we not only analyzed juristic sources pertaining to this right, we also analyzed the various sources of the entire system pertaining to urban residence from the 1st century BC to the 3rd century AD, and attempted to pinpoint where and how it was that superfices was first developed. In our conclusion, we reveal that the process definitely began to take shape among legal scholar theory during this time, and that this served as the background for the motive to protect the buildings.

Free Research Field

ローマ法