著者

青木 孝平

出版者

鈴鹿医療科学大学

雑誌

鈴鹿医療科学技術大学紀要 (ISSN:13416472)

巻号頁・発行日

vol.4, pp.3-18, 1997-03-30

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We investigated critically the controversy about the so-called modern land-ownership in the last Research Reports N0.3,1996. The purpose of this following paper is to present our own positive theory about the relation between ownership and tenantship. Market economy and capital as the circulated form can't institute ownership on the land, while capitalist market economy requires the fact that the land is in the possession of someone else. And capitalist society which is a complete reproduction system transforms "possession" of the land as a fact into "property" agreed as a right. That is to say, firstly the ownership is recognized in turn from an excellent land to an inferior land by payment of the differential ground rent I, secondly the ownership on the most inferior land is recognized by payment of the differential ground rent II, and thirdly the ownership on all the land including that which nobody has cultivated yet is established by payment of the absolute rent. As a result, the land-ownership is given its own price, and has absolute, ideal and private characters like other commodities. Next, we present a theory about the jurisprudential structure of tenantship. In the capitalist agriculture, to guarantee a long term and to restrict cancelation of the contract are not necessarily the same as to protect tenantship. The cost a tenant spent to improve the land is not necessarily repaid by the owner. On the contrary, to transfer or sublease tenantship is the same as to set up the second-ownership on the land. Therefore we can conclude as follows : In modern capitalist society, tenantship doesn't change into a real right. It remains in the position subordinate to the land-ownership as a personal right.