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

自1963年日本颁布《共管公寓法》以来，已经过去了40多年，如今，共管公寓已成为城市的主要居住状态。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，并且多年前建造的破旧公寓的数量已经增加。虽然为了解决这些问题，在立法者没有预见到的情况下，进行了一系列的修改，但在现行的法律中，仍然存在着许多问题。在这种情况下，有必要对日本建筑物区分所有的理想结构进行思考。在本研究中，我们对德国和日本的建筑物区分所有权法进行了比较。在德国，有关建筑物区分所有权的立法在司法判决和立法方面有许多重要的发展，这些发展对1963年日本建筑物区分所有权法产生了重大影响。在本研究中，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，我们也对德国的公寓现状有了一定程度的了解。这对于法律制度的国际比较来说是不可缺少的。经常有人指出，日本和德国都存在着共同的问题，迄今为止都采取了各自独特的措施。但是，考虑到日本的公寓所面临的问题，特别是业主之间的协议的形成方式和业主不支付公寓管理费和维修费的问题，在德国的讨论可以为我们提供很多有用的信息。

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.