2013 Fiscal Year Final Research Report
Basic Theory on Land Boundry: Contribution through Comparative study of Japanese and French Law
| Project/Area Number |
23530018
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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 | Dokkyo University |
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Principal Investigator |
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| Project Period (FY) |
2011 – 2013
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| Keywords | 土地境界 / 地籍 / フランス法 / 筆界 / 土地家屋調査士 |
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| Research Abstract |
The Japanese land boundary system attaches great importance to the cadastral boundary. In boundary litigations, the civil courts do not determine the ownership boundary. The Courts reconstruct the original cadastral line daterminded at the time of the land-tax reform at Meiji Restoration. The problem is that the cadastral boundary does not necessarily correspond to the ownership boundary and that it cannot be fixed by the agreement made by the adjoining landowners, due to its administrative character. On the contrary the French law adopts a system oriented to the land ownership. The famous Napoleon cadaster was created for the purpose of taxation of the land tax. The French civil courts can determine the ownership boundary by "action en bornage". The Japanese law needs to focus more on the ownership boundary. Real estate surveyors may play a significant role in linking the ownership boundary and cadastral boundary by seeking the agreement of the adjoining landowners.
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Research Products
(26 results)
