2007 Fiscal Year Final Research Report Summary
The Substantive Law and the Procedure Law on Transfer of Real Estate.
| Project/Area Number |
17530068
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
Civil law
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| Research Institution | Kyushu University |
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Principal Investigator |
SHICHINOHE Katsuhiko Kyushu University, Faculty of Law, Professor (00206096)
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| Project Period (FY) |
2005 – 2007
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| Keywords | transfer of real rights / requirement to duly assert against third parties / real estate registration / electric application (online application) / registration-identification-information / registration-cause-certificate-information / system of fix of boundary / public commission registration |
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| Research Abstract |
This Study surveys the present conditions of theories, judicial precedents, administration of land register and business on transactions of real estate. And this study researches ideal model of the transaction in future.
(1) The Substantive Law of Transfer in Real Rights concerning Immovable properties. About the substantive law, this study examines the term "acquisitions of, losses of and changes in real rights concerning immovable properties" and "third parties" in Article 177 of Japanese Civil Code.
And this study investigates one of difficult problems in the principle of perfection requirement'-the transfer of the position of lessor - in French Law, German Law and Japanese Law.
(2) The Procedure Law of Transfer in Real Rights concerning Immovable properties. About the procedure Law i.e. the real estate registration law, this study investigates the new Real Estate Registration Act (Law No.123 of 2004), the revisions of the new Act in 2005, the revisions of the system of judicial persons in 2006 and the revisions of the Cabinet Order and the Ordinance of Real Estate Registration in 2006. Concrete themes are (1) the system of electric application of real estate registration and registration-identification-information, (2) the registration-cause-certificate-information and middle-omit registration, (3) adjustment of the cadastre and the maps, (4) the system of fix of boundary and ADR of Land and House Investigators, (5) changes of business contents of the qualified persons on real estate registration (Judicial Scriveners and Land and House Investigators).
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Research Products
(50 results)
