2016 Fiscal Year Final Research Report
Research on the directions of legal regulation on private rented sector based on changes of housing market and development of unequal bargaining power theory
| Project/Area Number |
24530104
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Multi-year Fund |
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| Section | 一般 |
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| Research Field |
Civil law
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| Research Institution | Waseda University |
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Principal Investigator |
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| Project Period (FY) |
2012-04-01 – 2017-03-31
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| Keywords | 不動産賃貸借法制の新たな指導原理 / 民間賃貸住宅市場の変貌 / 居住用建物賃貸借における交渉力格差 / 消費者契約法・借地借家法による規制 |
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| Outline of Final Research Achievements |
Classic legal theory on the regulation of private rented sector had several characteristics. Considering severe housing conditions after the end of war, it intended to protect socio-economic weaker party and developped a principle based on a conbination of security of tenure and rent regulation.
However, changes of housing policy and housing market have overthrown prerequisite conditions of classic theory.Contemporary contract theory has paid attention to unequalities of quantity and quality of information and unequal bargaining power of contract parties. This research has examined characteristics of current housing market, development of unequal bargaining power theory, and legal control by consumer contract law. Based on these researchs,the author concludes that a new approach must be based on a few principles, such as a freedom to contract, no tenant shall be forced to evict against oneself, and separate legal regulations between market maintenance and correction of market failure.
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| Free Research Field |
法律学
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