Journal of The Japanese Institute of Landscape Architecture
Online ISSN : 1348-4559
Print ISSN : 1340-8984
ISSN-L : 1340-8984
The Relation between the Legal Responsibility for Manager and the Contents of Planting Management on the Judicial Precedent for the Direct Hit by a Tree
Tetsuo HOSONO
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2006 Volume 69 Issue 5 Pages 465-470

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Abstract

This research aimed at clarifying proper management of planting demanded from a legal viewpoint. First, Article 2 of State Redress Law and Article 717 of Civil Code were set as keywords, and the judicial precedent was searched, using the Internet database law information database LEX/DB Internet. And the examples in connection with the accident that the falling trunk or branch of the tree hits victims directly were taken up out of the searched examples. And then, the other judicial precedent was supplemented by obtaining it from the court. Finally, six examples were summarized in the table, observing the regarded fact in the decision. As a result, the relation between the legal responsibility for manager and the contents of planting management on the judicial precedent for the accident that the falling trunk or branch of the tree hits victims directly could be clarified.

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© 2006 by Japanese Institute of Landscape Architecture
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