Overview of Act on Land and Building Leases
I'd like to provide an overview of Act on Land and Building Leases.
Real estate is land and buildings.
Renting land is called Land Lease, and renting a building is called Building Lease.
In the past, there were two laws, Land Lease Act and Building Lease Act, but they were combined and revised into Act on Land and Building Leases.
In the past, there were not even Land Lease Act and Building Lease Act.
It was a product of the change in the time period, as it became impossible to adjust the land and buildings lease relationship only with Civil Code.
Specifically, the increase or decrease of rent, the term of the contract, renewal of the contract, and termination of the contract.
There are provisions to adjust the interests and rights of the owner and tenant so that the tenant side is not put at too much of a disadvantage.
Recently, there has been criticism that the protection of the tenant side is too strong, and revisions have been made to suit the times, such as Fixed Term Land Lease Right and Fixed Term Building Lease Right.
Incidentally, the relationship between Civil Code and Act on Land and Building Leases is that of general law and special law.
There is a principle that "special law takes precedence over general law." ("Lex specialis derogat legi generali")
- To read this article in Japanese
- To return to Introductory course in Japanese real estate laws
Real estate is land and buildings.
Renting land is called Land Lease, and renting a building is called Building Lease.
In the past, there were two laws, Land Lease Act and Building Lease Act, but they were combined and revised into Act on Land and Building Leases.
In the past, there were not even Land Lease Act and Building Lease Act.
It was a product of the change in the time period, as it became impossible to adjust the land and buildings lease relationship only with Civil Code.
Specifically, the increase or decrease of rent, the term of the contract, renewal of the contract, and termination of the contract.
There are provisions to adjust the interests and rights of the owner and tenant so that the tenant side is not put at too much of a disadvantage.
Recently, there has been criticism that the protection of the tenant side is too strong, and revisions have been made to suit the times, such as Fixed Term Land Lease Right and Fixed Term Building Lease Right.
Incidentally, the relationship between Civil Code and Act on Land and Building Leases is that of general law and special law.
There is a principle that "special law takes precedence over general law." ("Lex specialis derogat legi generali")
- To read this article in Japanese
- To return to Introductory course in Japanese real estate laws