북한 민법의 빌리기계약의 특징과 평가

Abstract

Lease is vice important in the modern daily life likewise a sales contract is priory important in a law of contract, and also Lease has an irreplaceable article as an object. North Korea enacted a kind of law which is called Lease that has the same character of Lease and Loan for Use in Civil Law of South Korea. On the other hand North Korea established the rule of land rental contract in Land lease Act which activates in a special region only and the rule is a special provision to Rental Contract of civil law. Therefore, this paper is seeking first the traits and main points of the related provisions of lease and Lease, and then it considers the same and the difference of lease of an irreplaceable article of South Korea and North Korea both. Firstly North Korean Civil Law has the character of public law for an approval of the higher authority should be obtained in Lease of the fixed property while the lease of an irreplaceable article is divided into two parts according to reciprocity that the former is Lease and the latter is Loan for Use in South Korean Civil Law. Being different from South Korean Civil Law, there isn’t those provisions in North Korean Civil Law which are Duration of Contract, Lessee’s Right to Demand Reimbursement, Lessee’s Right to Demand Renewal of Contract and Right to Demand Purchase of Building, and Lessee’s Right to Demand Purchase of Accessories. And the provisions of Assignment of Right of Lease and Sub-lease are so simple comeparing to the one of South Korea. Secondly the lease of irreplaceable article of North Korean Civil Law has similar points of South Korean Civil Law as the following;A lessee is liable to repair small damage of the object in the liability of repair, and in a big part’s case it is lesser’s liability. A lesser is liable to hand over the object to a lessee to use properly, and a lessee has liability of rental payment and obligation to return the object after using it. Also it is another similar points that is lender’s liability for warranty, a lessee’s claim of occupation protection, Concurrent Performance between lesser’s the return of lease deposits and lessee’s the return of the object. All the similar points between South Korean Civil Law and North Korean Civil Law are showing possibility to access each other, and it could be the potential base for the civil law of the unified Korea.