The Sociology of Law
Online ISSN : 2424-1423
Print ISSN : 0437-6161
ISSN-L : 0437-6161
The protecton and dissolution of common (Iriaiken) by the State power
Hidetoshi Nakao
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JOURNAL FREE ACCESS

1996 Volume 1996 Issue 48 Pages 6-15,255

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Abstract
The Civil Code (of Japan) approved Iriaiken as a property right, but the law concerning the registration of immovables did not approve the registration of Iriaiken. Therefore as the use and movement of the land increased, Iriai-land had been put under in unstable situation.
In prewar times, the administrative organ denied Iriaiken on the state forest and dissolved Iriaiken on the public owned land, and in postwar days, it promoted to dissolve Iriaiken by the undertaking of Iriai-rinya preparation. On the other hand the Court approved Iriaiken on the state forest and declared that Iriaiken had nothing to do with registration, and approves the existence of Iriaiken despite the change of form in Iriaiken.
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© The Japanese Association of Sociology of Law
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