Base de données Genre et le Droit à la Terre

Japan

Normes coutumières, croyances religieuses et pratiques sociales ayant une influence sur les droits fonciers différenciés selon le genre

- 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).

Autorités traditionnelles et institutions coutumières

N/A

Pratiques de facto d’héritage/de succession

- 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).

Contradictions/écarts entre les lois statutaires et coutumières

- 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:  Les nombres affichés entre parenthèse (*) font référence aux sources énumérées dans la Bibliographie.