区分所有法は建替えを先導することができるか

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書誌事項

タイトル別名
  • Consideration for advancing the rebuilding on condominiums under Japan’s compartmentalized ownership law
  • クブン ショユウホウ ワ タテカエ オ センドウ スル コト ガ デキル カ

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抄録

The structure and common areas of a condominium are shared by all condominium owners. Under the Japanese Civil Code, the consent of all co-owners is required when changing a common property, but under the Japanese Condominium Law, rebuilding of a condominium is 4/5 of the number of compartmentalized owners at a rally. You can vote with 4/5 or more of your voting rights. Therefore, as of April 2020, a total of 254 rebuilds have been successful in Japan, but on the other hand, there are many stocks of old Japanese condominiums that need to be rebuilt due to poor management. In this paper, I would like to list the issues related to the rebuilding of condominiums from the standpoint of practitioners, and then consider the issues that can be solved by amending the law.

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