A BASIC RESEARCH CONCERNING COLLECTIVE CONTROLS AGAINST OWNERSHIP OF LAND.

由法律控制的私人道路（=Kenchikukijun-ho）与其他道路非常不同。虽然人可以使用这些方式散步或开车，但他没有私人的权利，只有这种法律的各种控制所产生的反身效果。当一条私人道路的所有权不受法律的控制时，沿途沿着的居民可以向有关政府机构提出索赔，以纠正这条道路。在本研究中，笔者首先发现了承认其剥夺继承权-干扰请求权或侵害私有道路所有权的损害赔偿请求权的判决和文献。其次，讨论了该法律中的法律的控制、私人道路所有权及其私人利益之间的关系。最后，笔者对居民丧失继承权的要求应在何种条件下予以承认以及应在何种法律的解释上予以承认进行了思考，并得出结论，认为应承认居民的丧失继承权要求，因为笔者认为，在保障居民生命安全和健康的前提下，必须保护居民的生命利益。

Private ways which are controled in a law (=Kenchikukijun-ho) are very different from the other ones. Though man can use such ways for a walk or drive, he has no private passage-right and only reflexive effect resulting from this legal various controls. When the ownership of a private way does not observe a legal control, inhabitants along the way are able to claim against relative government agency in oder to set that way right. However, this agency is not allways obliged to obey their claim.In this research, at first, I discovered judgements and literatures in which their disinheritance-demand of disturbance or demand for damages against the ownership of private way was recognized. Next considerations were concerned the relations among legal controls in that law, ownership of private way and its passage-interests. At last, I considered in which conditions and legal explanations inhabitants' disinheritance-demand should be recognized.My research, in conclusion, insisted that Inhabitants' disinheritance-demand should be recognised, because I understand that inhabitants' lifeinterests must be protected as far as their safety and health are able to be acquired.