…The state and public organizations are held liable for defects in the installation and management of public facilities (Article 2 of the State Compensation Law). (4) Finally, the issue of “defective possession” arises. This refers to possession that is malicious, negligent, violent, or secret, and is distinguished from possession without defects (good faith, no negligence, peaceful, or open possession). … *Some of the terminology explanations that refer to "defective possession" are listed below. Source | Heibonsha World Encyclopedia 2nd Edition | Information |
…ほぼ同旨の責任が,公の営造物の設置・管理の瑕疵について,国,公共団体に認められる(国家賠償法2条)。(4)最後に,〈瑕疵ある占有〉が問題となる。それは,悪意,過失,強暴,隠秘の占有をいい,瑕疵のない占有(善意,無過失,平穏,公然の占有)と区別される。… ※「瑕疵ある占有」について言及している用語解説の一部を掲載しています。 出典|株式会社平凡社世界大百科事典 第2版について | 情報 |
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