Gender and Land Rights Database

Japan

Normas consuetudinárias, crenças religiosas e práticas sociais que influem no direito à terra diferenciada por gênero

- The traditional rural family was a patriarchal stem family called Ie. Authority was concentrated in the role of the head of the household, usually the eldest living male. Families were usually quite large, including unmarried relatives. Stay-in workers also lived in the farm. Women worked as unpaid labourers, supported their husband’s work and took care of the children.

Different management styles and lifestyles have changed the stem family over the last 50 years, also supported by the introduction of the Family management agreement in 1995. Families are increasingly smaller and centred on the couple and their children. Male family members are more and more engaged in different off-farm jobs and labourers no longer live-in. The management of the farm is more individually led. As a consequence to these changes, women are participating more to farm management with increasing responsibilities (15).

Autoridades tradicionais e instituições consuetudinárias

N/A

Práticas de fato na herança

- Traditionally, inheritance was based on an established patriarchal system by which the family business and property was passed along male primogeniture line.
However, as the rural family structure changed, traditional inheritance systems have almost disappeared. In 1947, the Civil Code was amended and the legal status of the patriarchal stem family abolished (15).

Discrepâncias e vazios entre direito escrito e leis consuetudinárias

- Although under the Civil Code women, both spouses and daughters of a deceased owner of land, have the right to inherit, traditional inheritance systems have favoured the transfer of assets from fathers to sons. However, such systems are almost no longer used (15).

Sources: numbers in brackets (*) refer to sources displayed in the Bibliography