東三河狂人日記

Table of contents 1.  Introduction 2.  Overview of the real estate legal system in Japan 3.  Overview of Civil Code 4.  Overview of contracts 5.  Overview of (real estate) sales contracts 6.  Overview of cash loan for consumption 7.  Overview of City Planning Act 8.  Overview of Building Standards Act 9.  Overview of Act on Land and Building Leases 10.  Overview of Act on Building Unit Ownership, etc. 11.  Conclusion - To read this article in Japanese

 This lecture was an overview of the real estate legal system in Japan.  At the time when positivism was popular in the world of science, the world of law also adopted the idea, and legal positivism and pure jurisprudence became popular. It's the topic of legal philosophy. However, I believe that law is not something that exists suspended in the air from the ground of the real social economy and its history. Talking about history, politics is called political history, economy is called economic history, and law is called legal history. Different countries have different cultures and histories, and different laws and systems. The same is true for real estate legal systems. For example, whether or not an ordinary citizen can own land as an individual. Even if they can, what kind of restrictions are there? Is it a country with a private property system in the first place?  It has been understood that the Cold War was an ideological struggle between liberal and communist coun...

 I'd like to provide an overview of Act on Building Unit Ownership, etc. Real estate is land and buildings. However, nowadays, large condominiums are being built and many people are living in the same building. Each room in a condominium can be the object of ownership. Act on Building Unit Ownership, etc. is a law concerning condominiums. Condominiums have both exclusive elements and common elements. The elevators, stairs, and corridors used by everyone are the common elements. The key to condominium management is the management association composed of all unit owners. There are many things that are necessary to maintain and manage a condominium, such as establishing management bylaw, cleaning, equipment inspection, repairs, and accounting for management fees. Many things related to condominiums are regulated by this Act.  Incidentally, the relationship between Civil Code and Act on Building Unit Ownership, etc. is that of a general law and a special law. In the past, Japan ha...

 I'd like to provide an overview of Act on Land and Building Leases. Real estate is land and buildings. Renting land is called Land Lease, and renting a building is called Building Lease. In the past, there were two laws, Land Lease Act and Building Lease Act, but they were combined and revised into Act on Land and Building Leases. In the past, there were not even Land Lease Act and Building Lease Act. It was a product of the change in the time period, as it became impossible to adjust the land and buildings lease relationship only with Civil Code.  Specifically, the increase or decrease of rent, the term of the contract, renewal of the contract, and termination of the contract. There are provisions to adjust the interests and rights of the owner and tenant so that the tenant side is not put at too much of a disadvantage. Recently, there has been criticism that the protection of the tenant side is too strong, and revisions have been made to suit the times, such as Fixed Term L...

 I'd like to provide an overview of Building Standards Act. Building Standards Act is a law that establishes minimum standards for the (technical) safety of buildings. "The purpose of this Act is to establish minimum standards for the site, structure, equipment, and use of buildings, and to protect the lives, health, and property of the people, thereby contributing to the promotion of public welfare." (Building Standards Act, Article 1) A building permit is issued by the prefecture or municipality. A building that violates the law is an illegal building. In extreme cases, if the illegal construction is so malicious and dangerous that it may cause extensive damage to the surrounding area, it may be ordered to be demolished.  For example, there is the obligation to adjoin the road. When you build a building on a piece of land, whether the land is bordered by a road or not. What kind of road is it, how many meters of it, and how many meters does it border the land? If it is ...

 I'd like to provide an overview of City Planning Act. City Planning Act is a law about urban planning. City planning is zoning. 　Many municipalities draw a line between urbanization promotion areas and urbanization control areas. "Urbanization promotion areas shall be those areas where urban areas have already formed and those areas where urbanization should be implemented preferentially and in a well-planned manner within approximately the next 10 years." (City Planning Act, Article 7, Paragraph 2) "Urbanization control areas shall be those areas where urbanization should be controlled." (City Planning Act, Article 7, Paragraph 3) In urbanization promotion areas, zoning can be further subdivided into residential, commercial, industrial, etc.  In principle, no development or construction is allowed in urbanization control areas. Of course, there are exceptions. For example, the problem that often arises in rural those areas is the housing of farmers. Agricultur...

 I'd like to provide an overview of cash loan for consumption. Debt is also a contract. In civil law, it is called a cash loan for consumption. The lender lends money to the borrower. The borrower pays interest to the lender and eventually repays the loan.  For example, let's consider the case of purchasing real estate with a bank loan. ・In the real estate purchase contract, the buyer pays the seller and the seller transfers the ownership to the buyer (delivery and registration). ・The buyer borrows money from the bank in order to pay for the real estate (cash loan for consumption). ・The bank (lender) establishes and registers a mortgage on the real estate acquired by the buyer (borrower). ・Finally, when the borrower pays off the loan, the mortgage and its registration is cancelled. - To read this article in Japanese - To return to Introductory course in Japanese real estate laws

 I'd like to provide an overview of (real estate) sales contracts. In a sales contract, the buyer pays the seller. The seller receives the payment and provides the buyer with goods or services. In the case of real estate, it is a transfer of ownership of the real estate. Specifically, the real estate is delivered and registered. Since this is the registration of an expensive real estate transaction, it is necessary to ask a trustworthy, qualified person (judicial scrivener).  Real Property Registration Act defines the more practical procedures for real estate registration. In this case, Civil Code may be classified as the substantive law and Real Property Registration Act as the procedural law. There are other laws that can be explained by the classification of substantive law and procedural law. For example, Penal Code and Code of Criminal Procedure, Civil Code and Code of Civil Procedure, etc. - To read this article in Japanese - To return to Introductory course in Japanese ...

 I'd like to provide an overview of contracts. They are in Claims Part of Civil Code. The question "Is a contract valid even if it is an oral promise?" A contract is a contract even if it is an oral promise. However, in the real world, such idealism is not enough. It becomes a problem when a dispute arises between the parties to the contract. For example, a dispute between a seller and a buyer in a sales contract, or a owner and a tenant in a lease contract.  How will the dispute be handled if it turns into a trial. Even if it does not develop into a trial, how dose a lawyer or other legal professional think to resolve the matter? The facts will be found and the law will be applied. What is a fact will be determined by evidence. If a verbal agreement is broken, it becomes a he-said-she-said battle. If you prepare a contract in advance, you can help prevent disputes.  For example, let's consider a real estate lease contract. The tenant is obligated to pay the rent (deb...

 I'd like to provide an overview of Civil Code. Civil Code is divided into 5 Parts. General Provisions, Real Rights, Claims, Relatives, and Inheritance. General Provisions  In order to compile the law systematically, there is a style of prescribing general and abstract matters first. This is called Pandekten system. Lawyers naturally use this way of thinking when drafting and reading laws and contracts. For example, the definition of real estate is land and its fixtures. It is defined in General Provisions. Because there is no need to define it separately in the sections on Real Rights, Claims, Relatives, and Inheritance. Claims  This is the relationship of rights between a person and another person. A simple example is a contract. There are various types of contracts, such as sales contracts, lease contracts, etc. Real Rights  Rights over things. You may know possession, ownership, and mortgage. In a real estate transaction, the buyer pays for the property in order ...

 I'd like to provide an overview of the real estate legal system in Japan.  In jurisprudence, laws are traditionally classified into public law and private law. A clear example of public law is criminal law, and that of private law is civil law. I will explain real estate laws using this classification method, listing the most important ones. Although there is no such law as real estate law, there are many laws related to real estate. They are sometimes collectively called real estate law. Public law ・City Planning Act  City planning is zoning. Zoning is to think about urban development in terms of areas. ・Building Standards Act  It is a law concerning the (technical) safety of buildings. It sets many standards, such as fire prevention performance and connection to roads. ・Agricultural Land Act  Each municipality has an agricultural committee. This law is about agricultural land. Private Law ・Civil Code  The king of private law. ・Real Property Registration ...

 I'd like to start an introductory course in Japanese real estate laws.  I've not yet given up on my youthful dream of going abroad. People who go abroad generally do so to study or work. I hope to one day get a job that I can do and live abroad. I hope to achieve this within the next 10 years, so it's still a long way off. Now there are many young people who cannot go abroad because of the infection.  Some Japanese people look overseas. And of course, there are many foreigners who are interested in Japan. From the point of view of people overseas, Japan is a foreign country to them. There are many foreign nationals living in Japan as well. There are many people who have come to Japan to study or work. No matter where you are, the foundation of your life is real estate. International students at college may live in dormitories. But some people might challenge to start living alone, and they will probably rent an apartment. Some working adults might want to save up and buy...