International Comparison of the Law for Comparted-ownerschip of the Buliding

自1963年《共管公寓法》在日本颁布以来，已经过去了40多年，如今，共管公寓已被确立为城市的主要居住地位。然而，公寓中的各种问题已经变得明显，特别是在城市地区。也就是说，在公寓的管理和维护中出现了各种问题，许多年前建造的破旧公寓的数量有所增加。尽管针对这些问题进行了一系列的修订，这是立法者无法预见的，但现行法律仍然存在许多问题。在这种情况下，有必要考虑日本公寓的理想结构。在本研究中，我们对德国和日本的共管法律进行了比较。在德国，关于共管公寓的立法目前在司法裁决和立法方面有许多重要的发展，这对1963年颁布的日本共管公寓法产生了强烈的影响。在这项研究中，我们不仅给出了上述发展的轮廓，而且通过当地的实地调查，对德国的公寓现状也有了一定的了解。这些都是法律制度国际比较不可缺少的。人们经常指出，日本和德国存在着共同的问题，到目前为止，两国都采取了各自独到的措施。然而，考虑到日本共管公寓面临的问题，特别是业主之间达成协议的方式以及业主不支付共管公寓的管理费和维护费的问题，德国的讨论可以为我们提供许多有用的信息。

40 years or more have already passed since the Condominium Law was enacted in Japan in 1963, and nowadays condominiums are established as the main residence status in the cities. However, various problems in the condominiums have become tangible especially in the urban areas. Namely, various problems occur in the management and the maintenance of condominiums, and the number of decrepit condominiums which have been constructed many years ago has increased. Even though a series of revisions have been realized as measures devised to deal with these problems, which could not be foreseen by the legislators, a lot of problems still exist under the law currently in effect.Under these circumstances, it is necessary to consider the ideal structure of condominium in Japan. In this research, we have conducted a comparison of the Condominium Laws in Germany and in Japan. In Germany, many important developments in judicial decisions and lawmaking can currently be observed in the legislation concerning Condominiums, which has had a strong influence on the Japanese condominium law enacted in 1963. In this research not only have we given the outline of the developments mentioned above, but we have also obtained a certain level of understanding concerning the current situation of condominiums in Germany, through local field investigations. These are indispensable for the international comparison of law systems.It is often pointed out that there are common problems in Japan and Germany and so far both have taken respectively original measures. However, taking into consideration the problems Japanese condominiums are confronted with, especially the way agreements between the owners are formed and the problem of nonpayment of management and maintenance fees of the condominium by the owners, discussions in Germany can provide us with a lot of useful information.