1989 Fiscal Year Final Research Report Summary
The customary drainage-right in the land reclaimed from the Inland Sea
| Project/Area Number |
63520002
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| Research Category |
Grant-in-Aid for General Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Research Field |
Fundamental law
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| Research Institution | HIROSHIMA UNIVERSITY |
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Principal Investigator |
ITOH Moriya HIROSHIMA UNIVERSITY, FACULTY OF INTEGRATED ARTS AND SCIENCES, Professor, 総合科学部, 教授 (80034594)
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| Project Period (FY) |
1988 – 1989
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| Keywords | Reclamation Act / Land Reclamation / below - sea - level area / Customary Right of Drainage / 排水権 |
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| Research Abstract |
In various districts of the Western Japan, especially in the Inland Sea of Japan ( "SETONAIKAI" ), ISE-BAY and ARIAKE-YATUSHIRO-BAY there are the lands reclaimed from the Sea by drainage. The reclaimed land is, needless to say, a below-sea-level area, therefore the function of drainage is indispensable for its existence.
This study shows that the drainage custom is necessarily formed in the reclaimed land, it comes under the protection of the statute ( Reclamation Act - "customary right of drainage" ), and this right has changed its character --- from community, property right to individual, the right to live --- in accordance with the conversion of Land - Use --- from agricultural to urban --- of the reclaimed land.
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