프랑스민법상 임대차의 성립 및 임대인의 의무에 관한 연구 - 프랑스민법 계약각칙 개정초안 분석을 중심으로

Study on the Formation of Lease Agreements and Landlords' Obligations under French Civil Law

In France, the 1804 Civil Code established the foundational principles of lease agreements, which have been supplemented by various special laws to modernize the leasing system. In response to societal changes, movements to amend the Civil Code have emerged, particularly regarding special civil contract laws. In 2022, the French Ministry of Justice published a draft reform proposal (Avant-projet de réforme du droit des contrats spéciaux) that outlines new special rules for contract law within the Civil Code, with a focus on lease agreements. This proposal builds on the 2016 amendments to general provisions on obligations in the French Civil Code. The draft reform emphasizes improvements in the formation of lease agreements and the obligations of landlords. It suggests necessary updates for Korea's Civil Code, which has remained largely unchanged since its enactment in 1958. Currently, Korean lease regulations primarily focus on residential leases, with only limited provisions for land and movable property leases. Many sections of the Civil Code are outdated, particularly Articles 618 and onward, which govern leases outside of residential contexts. Given that over 65 years have passed since the Korean Civil Code's implementation, a thorough revision is needed to align it with contemporary realities. The research and insights from France's draft amendments may provide valuable comparative legal resources for refining Korea's lease laws. By examining these proposed changes, Korea can consider modernizing its general provisions and formation rules for lease agreements, as well as revising landlord obligations to better respond to current societal and economic conditions.