주택임차권의 물권화경향에 관한 타당성검토

The validity study of real rights tendency of residential leasehold

Residential leasehold Despite the fact with its fundamental imperfections, does not protect the lessee by social policy considerations through sustained amendment, but it is to fulfill its role. Especially residential leasehold to the priority repayment rights and priority repayments rights to guarantee the recovery of the opposing force and deposit to guarantee the survival of the lease period and its contents. However, despite the validity of the legislative purpose, but the institutional operation is not achieved its principles if not met. Therefore, residential leasehold main contents become the opposing force and priority repayment rights ideological right is not in order to be recognized its validity as a substantive right to legal stability and specific validity in procedural law of the thing to be done in harmony. Moreover, not only legal act, shall implement the specific validity within the interpretation legal stability of law. In other words, although the emphasis on legislative intent and purpose of the law in legal interpretation, that you can not ignore the harmony of the whole legal order, we must admit a certain limit. If you look from these surface under the great banner of social and economic disadvantaged a lessee of protection, certified to residential lease is, there is a need that must be more be complemented and strengthened. In particular, the counter-force to the original residential leases with the nature of the loans, to grant priority repayment rights recognized the nature of the kind of court Damubomurugu~on, looking at the tendency to virtually ‘real rights of’, and notice how that fits its potency there is a need to clearly define the exercise method. Furthermore, in order to strengthen the essential prerequisite as a residence stability for realizing human dignity and value, renewal and established the claims, it is necessary to limit the lessor of the contract cancellation rights explicit content and there will be. I think law thing to be done in harmony with specific relevance within the range that maintains the universal reasonable to because in principle it is exerting the same constraints force interpretation against him also legal stability as the norm of society. Therefore, by housing leases even if its essence will be real rights of, institutional development will also must be accompanied together.