農家相続の経済的考察

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Inheritance contains several kinds of forms in different countries at different stages in the process of history. Our inheritance as a social custom before World War II was characterized by primogeniture and In-kyo (retirement system). Also an heir male was in a relatively favorable position for the transferring of property. However, since 1947 under the New Constitution the Civil Code was drastically changed, the main idea being the dignity of personality and equal rights in both sexes. The equal sharing among coheirs of property was provided on the one hand, but on the other hand, the Land Reform resulted in regulating the movement of the proprietorship of land, fixing maximum farm ownership and rental. Basically farming has to be carried on by the owner-operator. Moreover, it is the tendency of our agricultural system to keep farms undivided and to transfer the farms to single heirs. This is due to fixity of land and other capital. The nature of production and.the farming system supported by the family influence the traditional inheritance custom. Those institutional changes produced several problems in farm inheritance. The main difficulties exist in the equal sharing of property, especially farm lands, among co-heirs. This paper shows the results of the survey in Kumatama Village, Kagawa Prefecture, Shikoku covering all the cases from 1950 to 1956, and the town of Unoke, Ishikawa Prefecture, on the Main Island covering the period from 1953 to 1957. The recent view of young farmers in regards to farm inheritance will be showed by a pilot study conducted in Kawanishi, (the City of Obihiro, Tokachi, Hokkaido) in 1967. The main assumption in my research lies in the economic dependence and contribution of co-heirs in the Ie. An Ie is the primary social unit consisting of an extended family including his descendants. It is recognized as an eternal relationship in a kinship group. Evaluating the values of dependence such as gifts and funds for higher education which the parents give to their children, and by the contrast in values of contribution which the children make ; a relative balance in dividing property among coheirs will be showed in this paper. Alao it will be economically explained why inequality in dividing property is still practiced although the law prescribes equal sharing among coheirs. Several conclusions are summarized as follows : 1. Primogeniture is still predominant. It is fairly difficult to find many cases where the farmlands are divided equally. 2. The amount of inheritance divided to each heir is unequal depending on whether they are males or females. 3. For the male, funds for higher education are donated and other econmic aids are given to him when he sets up a branch family or starts his businesss, and so forth. For the female, gifts at marriage are most common. Usually those properties which are divided among the children are handed over to them before their father's death. 4. Division of farmland and other assets will produce severe difficulty in keeping up the present standard of living and calculations were made with regards to the minimum requirements from the survey. This conclusion was entirely supported by the farmers, too. 5. It is expected that there will not be any significant changes concerning farm inheritance customs in the near future according to the views of present operators. Farmers want to leave their farms undivided and pass their farms on to one heir, usually the eldest son or one who prefers to do farming.
帯広畜産大学の論文
1969-09-30

農家相続の経済的考察

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