A Study of Change in the Nature of Possession

Abstract

According to Article 162 of the Civil Code, occupancy, namely, possession with the intention of holding as an owner, is required to acquire ownership by prescription. Yet, according to Article 185 of the said Code, a change to occupancy is approved even for possession without the intention of holding as an owner if the possession is newly commenced with the intention to own under a renewed authority. The ruling of the Supreme Court dated November 30, 1971 entered that inheritance could be a new title, but the ruling made no mention of whether or not a "change of nature of possession" is required. On this point, the ruling of the Osaka High Court dated November 12, 2013 approved a change to occupancy even if no change in the nature of possession is expressed. This writing seeks to review the preceding study and judicial precedents for new title and possession succession in terms of inheritance and to briefly examine the case of permission without a "change of nature of possession" when approving a successor change to occupancy by a new title.