Comprehensive research on the limits of the real estate property system and limitations based on public policy from the point of view of historic analysis of the system of collatarals

Research Project

Project/Area Number	14520051
Research Category	Grant-in-Aid for Scientific Research (C)
Allocation Type	Single-year Grants
Section	一般
Research Field	Civil law
Research Institution	Aoyama Gakuin University
Principal Investigator	SEKI Takeshi Aoyama Gakuin University, Graduate School of Law, Professor, 法務研究科, 教授 (30187835)
Project Period (FY)	2002 – 2005
Project Status	Completed (Fiscal Year 2005)
Budget Amount *help	¥3,200,000 (Direct Cost: ¥3,200,000) Fiscal Year 2005: ¥800,000 (Direct Cost: ¥800,000) Fiscal Year 2004: ¥800,000 (Direct Cost: ¥800,000) Fiscal Year 2003: ¥800,000 (Direct Cost: ¥800,000) Fiscal Year 2002: ¥800,000 (Direct Cost: ¥800,000)
Keywords	Ownership / Limitation of Ownership / ライフライン / 担保物権 / 相隣関係
Research Abstract	This project had for its purpose to research the proper policy for ownership of real estate from the point of view of ensuring interests like safety, health, and environment. More specifically, it has contemplated the question of how to safeguard interests like living standards and environmental standards of the community as a whole in relation to the individual owner of real estate used for private roads, looking especially at the interests regarding lifelines like power lines or gas lines. In this conflict of interests there are fundamental rights to existence of the individual posted against economic fundamental rights, and the question is how far fundamental rights to existence of the individual have to be protected. In answering this question, the project has analyzed case law regarding cases where the use of real estate was illegal by violating local ordinances based on the Law regarding building standards or local standards. As a result, we find that in earlier case law the standard of balancing the interests of the fundamental right to existence for the individual was not necessarily very clear. On the other hand, more recent case law shows more cases where the courts limit the rights of enterprises based on their property rights in real estate. As the result of the analysis, we find that in the future it will be an important question when discussing the limits of property rights in real estate whether there is a violation of fundamental rights to the existence of the individual or whether economic fundamental rights are to be safeguarded.