주택임대차보호법 제9조에 의한 임차권의 승계 - 주택임대차보호법 제9조의 해석상의 문제를 중심으로 = A Study of Succession to Right of Lease of House by Housing Lease Protection Act Article 9

다국어 초록 (Multilingual Abstract)

  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.<BR>  About the succession to Right of Lease, It is Article 9.<BR>  Article 9 (Succession to Right of Lease of House)<BR>  (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.<BR>  (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.<BR>  (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.<BR>  (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]<BR>  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.<BR>  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.<BR>  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 (Table of Contents)

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

참고문헌 (Reference)

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16 이윤선, "일상가사대리권에 관한 연구" 건국대학교 1999

17 곽윤직, "상속법(개정판)" 박영사 2004

18 법무부, "민사법개정시안(의견조회 용)"

19 곽윤직, "민법주해(15)-채권(8)" 박영사 2007

20 지원림, "민법강의" 홍문사 2007

21 이승우, "가족법" 한국방송통신대학 1991

22 이경희, "가족법" 법원사 2008