日照減少が太陽光発電に及ぼす影響と司法判断 : 受光利益と受光権

Abstract

With the increasingly pressing climate change threat, introduction of renewable energy has become an urgent imperative. Regarding solar power generation, there are cases where development of photovoltaic (PV) facilities cause conflict between property owners and his/her neighboring parties, upon seeking of the right to access on solar light for power generation purpose. This article illustrates two Japanese lawsuits in which property owners argue upon potential infringement over solar access, due to the newly developed structure nearby, and analyze challenges with respect to current legal system. PVs are expected to play increasingly important role in supplying electricity, and the access rights to sufficient solar light, including its economic consequences, shall be fully argued in legal community in Japan.