著者

土井 翼

出版者

一橋大学大学院法学研究科

雑誌

一橋法学 (ISSN:13470388)

巻号頁・発行日

vol.18, no.2, pp.23-37, 2019-07-10

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This paper discusses the tentative reconstruction of permission from a legal perspective, and a legal criterion that can differentiate various permissions by introducing a distinction between possession and title. Under private law, the possessor is free to act within his or her territory, while the creditor is subject to various restrictions under contract law in relation to others. In response to the logic of private law, permission by an administrative agency will also be differentiated. That is to say, in the former, there is a substantial danger to being subject to the permission system, but in the latter, the regulation from the viewpoint of establishing a public space in which private persons can connect, the relation can be accepted more widely.