The Restriction of Rescission Right by Leasers in Housing Lease Contracts-Review of the Housing Leases and Sales Management(Draft for Comments)

The lessor in the contract of indefinite tenancy has the right of rescission, so the lessee's social right of housing and other economic benefits cannot be guaranteed. The inequality between the lessor and the lessee is becoming so serious in the process of urbanization that the protection of housing of new citizens is necessary for the success of urbanization. The limitation to the right of rescission of the lessor is a modest regulation mode for the social housing right based on the elementary law going to the field of private law through the restriction of ownership. On the basis of the experience of German law, it is possible to explain the law so as to justify the dichotomy of the right of rescission with time limit and the right of immediate rescission. The separate application of reasonable causes and major causes can help achieve the balance between the freedom of disposal of the lessor and the protection of benefits of the lessee.