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A Study on the Disturbance Compensation Of U.K and the Lesson

  • Public Land Law Review
  • Abbr : KPLLR
  • 2009, 44(), pp.209-234
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

나채준 1

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ABSTRACT

The paper describes the UK's disturbance compensation such as compensation standards and the contents, main legal issues. The history of the land compensation has already started since the 15th century in the UK. In 1541, the first law, The Bill for the Conduit at Gloucester, to compulsory purchase was enacted. In 1845 ‘Land Clause Consolidation Act’ enacted and general principles of compensation has established. Even then, a variety of compensation law was enacted. Through the several revision, laws was developed very systematic and Carefully. And the theories about the land compensation caused by compulsory purchase, were development. Therefore in U.K, the legal disputes of compensation have been solve reasonably. Exist for the various compensation system, and disturbance compensation is one of that. Now we face a new problem. However, based on the experience in UK already has set up legal and institutional devices. Therefore, we need to study about the UK's compensation system. Until now, the UK's compensation system was not built for research. It is valuable to learn various legal systems for understand foreign legal system, and enlarges the depth of academic. But more important, We should have drawn the lesson from the diversity, in order to provide direction for a number of legal dispute. Through the study of foreign legal system, study researchers should provide a clue to issues that can not solve within the existing legal system of academic theory. In the paper, general information of the UK's disturbance compensation system was introduced. However the main point is what is fair compensation. In the current compensation theory, the subject of emerging or more research needs to be further, is related to fair compensation. So far, all the new discussed problems are related to fair compensation. So, this paper focuses on UK‘s disturbance compensation system for ‘fair compensation’. And this paper is described what's the problem, and how to resolve legal disputes related to compulsory purchase and compensation. The purpose of this paper is contribute to set the theory of the compensation system and prepare the legal system which resolves legal disputes.

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