주택임대차보호법 제9조에 의한 임차권의 승계 - 주택임대차보호법 제9조의 해석상의 문제를 중심으로

• 영문명: A Study of Succession to Right of Lease of House by Housing Lease Protection Act Article 9
• 발행기관: 한국사법학회(구 한국비교사법학회)
• 저자명: 안영하(Young-Ha An)
• 간행물 정보: 『비교사법』比較私法 제15권 제2호, 215~250쪽, 전체 36쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2008.06.01

영문 초록

  The purpose of housing lease protection act is to secure stability in the residential life of national citizens, by providing for special cases to the Civil Act, with respect to the lease of buildings for residence.
  About the succession to Right of Lease, It is Article 9.
  Article 9 (Succession to Right of Lease of House)
  (1) If the lessee dies without a person having the right of inheritance, the person who has a de facto marital relationship and has lived together with the lessee as a member of the family at his house, shall succeed to the rights and obligations of the lessee.
  (2) In the case that the lessee is dead, if the person having the right of inheritance has not lived together with the lessee as a member of the family at his house, the person having the de facto marital relationship with the lessee, and the relatives within the second degree of relationship therewith, who have lived together with him at his house, shall jointly succeed to the rights and obligations of the lessee.
  (3) In the cases as provided for in paragraphs (1) and (2), if an opposite intention is expressed to the lessor within one month after the lessee has died the provisions of the said paragraphs shall not be applicable.
  (4) In the cases as provided for in paragraphs (1) and (2), any obligation created by the relation of lease shall be reverted to the person who has succeeded to the rights and obligations of the lessee. [This Article Newly Inserted by Act No. 3682, Dec. 30, 1983]
  In compliance with housing lease protection act article 9, if the lessee dies without a person having the right of inheritance, the person who has a de facto marital relationship and has lived together with the lessee as a member of the family at his house, shall succeed to the rights and obligations of the lessee. And in the case that the lessee is dead, if the person having the right of inheritance has not lived together with the lessee as a member of the family at his house, the person having the de facto marital relationship with the lessee, and the relatives within the second degree of relationship therewith, who have lived together with him at his house, shall jointly succeed to the rights and obligations of the lessee.
  But in the case that the lessee is dead, if the person having the right of inheritance has lived together with the lessee as a member of the family at his house, the heir succeeds the right of lease in compliance with the law of inheritance general principle.
  I investigated the problem points which relates with the succession of the right of lease in this paper. In order to solve the problems which relate with the succession of the right of lease, I think that must separate a right of residence and a right of property. But the problem which relates with this will do researches in the next chance.

목차

Ⅰ. 머리말
Ⅱ. 임차권의 승계에 관한 주택임대차보호법 제9조의 입법과정
Ⅲ. 현행 주택임대차보호법 제9조에 의한 임차권 승계의 문제점
Ⅳ. 맺음말
【참고문헌】
[Abstract]

키워드

사실혼배우자 상속인 임차권의 승계 임차인 주택임대차보호법 주택임차권 The Person who has a de Facto Marital Relationship Heir Succession to Right of Lease Lessee Housing Lease Protection Act Right of Lease of House