台日自用房屋租賃法規比較研究——以傳統借家制度為中心

A comparative study on Legal System of Self-Use Residential Leasing Between Taiwan and Japan in the Context of Leasing System

西元2016年民進黨立委提出「自用房屋租賃法草案」，其規範重點在於釐清我國於房屋租賃關係中長年存在的問題，其中又以引進日本借地借家法中之傳統借家契約最為重要，傳統借家契約之特色在於，當租賃期限屆滿時，出租人如不具備正當事由之要件，即不得對抗承租人所提出之契約更新之請求，大大提升了承租人於租賃關係中之地位。惟，日本施行多年之傳統借家契約，其制定之歷史背景在於平衡第二次世界大戰後所出現房屋供不應求，進而導致出租人於契約關係中過度優越之現象。直至西元2000年房屋供給大量增加的情形之下，此種過度優越之現象已不復見，因此日本借地借家法於該年提出修正，制定定期借家制度，盼能藉此衡平契約雙方之地位。在此前提之下，本文將透過比較我國自用房屋租賃法草案與修正後之日本借地借家法，探討我國引進傳統借家制度是否符合現代社會之需求。

In 2016, the Congress of Democratic Progressive Party drafted a '' Lease Self-Use Residential Bill'', which introduces a seriously rental relationship problem exists in Taiwan's society for years. This drafted bill is trying to clarify the rights and obligations between lessors and lessees. The bill introduces a traditional lease system from Japan '' Land and Building Leases Act '', and the most relevant feature of this traditional lease system is that it highly enhances the status of lessee by providing： “After the end of the lease, as long as the lessor does not have the proper matter, the lessor shall not protect against the contract renew requirement from the lessee”. The background of the provision was based on a condition that house was in short supply after World War Two. Japan government was trying to eliminate this problem, however, after implementing '' Land and Building Leases Act '' years later, Japanese government found lessors own an excessive superiority status. After the year of 2000, the supplement of the house was substantially increasing, and the lessor's excessive superiority status doesn't exist anymore. Therefore, Japan government drafted an amendment in the 2000, which provides a '' Fixed Period of Building Leases System'', for the purpose of trying to make the status of both parties take balance. Under the premise above mentioned, this article is trying to analyze that if Japanese traditional land and building leases system brought to Taiwan will meet the needs of Taiwan's society, by making the comparisons between “Japan Land and Building Leases Act” amendment in the year 2000 and “Taiwan Lease Self-Use Residential Bill” in 2016.