북한법상의 유상 빌려쓰기계약의 성격과 존속보장

Abstract

What is the meaning of contract which is used in North Korea? This question can be solved through comparative studies between the civil law of former East Germany and that of North Korea. Not only in former East Germany but also in North Korea there is a same using-system on real estate, under which the former east german build their own House on other's territory under the East German law. Instead of the right of ownership in real estate the North Korean people and the former East German can use the real estates. In case of East Germany, people could build their own house even without their own legal basis. This situation was one of the most important problems in dealing with real rights in Germany after the reunification of Germany. Also there was a contract on real properties, which is for using real property in the former east German. This right can be approved as a real right. Through this kind of contract the former East German people can use fixed assets. The House is one of them. This paper attempts to apply the east german model to North Korean legal framework, especially, regarding municipal management Act. According to the North Korean law, contracts for the use of House are mainly between civilian and government Agencies. Such contracts are totally different from the rent-contract for House. The object of the contract is not a house but a right to use. Therefore, the legal nature of the using-house ist an obligatory right. This contract can be considered as a usufruct-contract for using-house by civilian. The usufruct-contract came from german law. The usufruct-contract is not so familiar nortion in the korean civil law system. Therefore, it is required to recognize the usufruct-contract through legislation in korean legal system. This legislative improvement is expected to be helpful even for the protection of the North Korean people's property right.