프랑스법상 주택임대차에 관한 연구

• 영문명: French Residential Leases- Focusing on the Loi Alur -
• 발행기관: 충북대학교 법학연구소
• 저자명: 이은희(Lee, eun hee)
• 간행물 정보: 『법학연구』第26卷 第1號, 27~84쪽, 전체 57쪽
• 주제분류: 법학 > 법학
• 파일형태: PDF
• 발행일자: 2015.06.30

영문 초록

This article briefly reviews the history of French law relating to residential leases. A measure of tenant protection was afforded by the law of 1 September 1948 but it was not until 1981 that the ten Socialist government produced a nationwide tenant protection measure known as the Loi Quillot. This measure was in 1986 amended by the Loi Méhaignerie. This second Law was amended by the law of 6 July 1989 known as the Loi Mermaz. This third law was amended in 2014 by the Loi Alur. In view of the current interest in residential instability in South Korea, this article reviews various aspects of current French law and practice relating to residential leases. It points out that the positions of the landlord and tenant in France are different from those in South Korea: every lease to which the Loi Alur applies must be for a term of not less that three years if the lessor is a private individual or six years if the lessor is a company; the lessee may leave the property at any time during the term after having notified the landlord by registered AR post at least three months in advance of the tenant’s intended departure date; leases with rents 20% above the average for the location at the time of signing could face a reduction though this applies only to premises in the areas with shortages of affordable housing; rent can be increased only once a year and only if a revision clause is included in the contract; increases are calculated on the base of a rent reference index published annually by the government; in the event that the landlord and tenant agree to renew the tenancy at the expiry of the initial term that, ordinarily, the rent can be increased on renewal through the normal process set out in the Loi Alur but the rent on renewal is capped.

목차

Ⅰ. 서

Ⅱ. 프랑스 주택임대차법의 변천, 성격 및 적용범위

Ⅲ. 주택임대차계약의 체결

Ⅳ. 당사자들의 의무

Ⅴ. 임차인의 주거안정

Ⅵ. 차임

Ⅶ. 결

키워드

주택임대차 임대차기간 해지 계약갱신 차임 residential lease term of the lease notice to quit renewal of leases rent