Current Condition of Landownership and Proposal for Contemporary “Soyu” Jurisprudence

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Other Title
  • 土地所有権の位相と現代総有法の提唱
  • トチ ショユウケン ノ イソウ ト ゲンダイ ソウユウホウ ノ テイショウ

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Abstract

After the collapse of the economic bubble, Japan experienced dramatic changes in real property holding. The one is the rush of construction of super tall buildings in central Tokyo, and the other is the abandonment of land use in areas other than Tokyo. It might be said that the former comes from the global city competition and the later from the aging society with fewer children. However, I would like to emphasize the concept of absolute property right as a cause of both phenomena. To reform these unhealthy and absurd situations, the adjustments of property right such as common welfare or inherent obligation principles are not enough. We need construct a new property law theory: Contemporary Soyu principle. We could find the emergence of this new principle in above phenomena. This serves as a hope for the future of Japan.

Journal

  • The Sociology of Law

    The Sociology of Law 2015 (81), 13-26, 2015

    The Japanese Association of Sociology of Law

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