This study aims first to investigate the development of the concept of landownership and second to deal with the strengthening of land use right by
⑴ establishing the theory of landownership, one of the rights to live, presenting a divided, relativ...
This study aims first to investigate the development of the concept of landownership and second to deal with the strengthening of land use right by
⑴ establishing the theory of landownership, one of the rights to live, presenting a divided, relative and limited concept of landownership rather than the conventional comprehensive and absolute one,
⑵ shifting the main notion of landownership from disposal right to land use right,
⑶ demonstrating the significance of modern landownership by providing the appropriate legal theories and system to strengthen land use right in the capitalistic economy.
The reason for our setting up the purposes is that there arise a number of landownership problems in the modern society.
The following are the concrete examples:
⑴ Landowners are legally free to exercise his right to land since they have the absolute authority providing the function of using, taking the profits of, disposing of and exercising of the article owned at their own will.
Therefore the frequent improper use of land brings about the reduction of both land productibility and the efficiency of land use.
⑵ Owing to land monopoly, land price has affected the cost of housing lots for populace.
⑶ The excessive speculation on land has prevailed. Not only does such tendency make it difficult to supply the funds for national industry through fostering capital on account of the weakening of investment willingness in this situation, it also further leads to the unequal distribution of personal incomes. Hence I propose this theory of landownership in an attempt to settle the problems mentioned above and to provide the practically useful systematic apparatus.
To conclude, since the significance and value of land lie not in its possession but in its useful employment in human life, I believe firmly that the concept of landownership should be established with priority given to land use right.