The basis of restriction of property rights in Japan

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Purpose: To identify the focal point of the sovereign policy in protection of private property taking different forms as well as to uncover particulars of property rights and their guarantees to all those dealing with this legal system by showing the content and boundaries of the idea of «eternal and inviolate rights» as captured in the Constitution of Japan. Methodology: To meet this end the legislative practice of Japan in limitation of these rights (apart from cases of misuse of rights by private law subjects - owners of property) shall be analyzed. These are main approaches of the legislator kept in the Constitution of the state as well as its general and specific legal acts. Results: The author of the present paper concludes that in Japan «inviolability of property rights» as fundamental rights is not a mere declaration rather a principle guiding the activity of public authorities making all efforts to prevent their violation or restore the balance of private law interests when they are in breach for public interests. Novelty/originality/value: The author of the present paper undertook an effort to make a sophisticated theoretical survey of the property regime in Japan as well as terms of its limitation (apart from cases of misuse of rights).


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IDR: 140225141

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