A Study on the Termination and Compensation of the Farm Rental Reduction to 37.5% Contract

• Main Authors: Yu-chou Yeh, 葉裕州
• Other Authors: none
• Format: Others
• Language: zh-TW
• Online Access: http://ndltd.ncl.edu.tw/handle/95849833377098219806

碩士 === 逢甲大學 === 土地管理所 === 92 === Abstract The 37.5% Rent Reduction Act has been carried out since 7,JUNE,1951. It is beneficial to tenants. It provides a minimum civil living standard for tenants. Later the Act was amended to add 〝compensation to tenants〞（equivalent to one third land value）when the lease contract is terminated. The landlords are not satisfied it. And now, the social circumstances is changed. It is the time to re-inspect the 〝compensation to tenants〞resulting from the Act. There are two major problems for .landlords. The first, It is difficult to terminate lease contract and retrieve farm land. The second, landlords have to pay compensation to tenants. Because of that, The landlords will not put their farm land for rent, even if they can not self-cultivated. The landlords has land ownership. The tenants has right of cultivation by lease contract. Both are the scope of property right. On the study of the nature of lease contract, three things are applied: the first, The tenants shall cultivate by himself and shall not sublease to others. The second, the lease contract is still legally binding on the new owner or the holder of dien if the landlord disposes of his ownership or create a dien. The third, some constraints are included, such as: rent amount, rent deposit, termination condition. Furthermore, The tenants has preferential right to take over when farm land is for sale or for the creation of dien. Then, study the compensation from the view of the law. In public law, to check the compensation by law principle. The finding is that it is not reasonable for landlord to pay the compensation. In civil law, the evolve of the compensation indicates that it is compulsory pay compensation in the beginning. It was excluded When Agriculture develop Act was carried out. It reflects the demand of the society. The nature of the compensation is 〝job switching assistant〞or 〝retire payment〞. Base on it, the systematic ways is brought to solve the conflict between landlords and tenants. Analyze the type of the lease termination, compromise the current status, properly down the compensation. The man who breaks the lease contract, responsible for the compensation. Hopefully end the lease contract with peace. It is may good to adjust agriculture structure, enhance agriculture competitive and create a new era for agriculture development. Keywords：landlords､tenants､lease contract､compensation to tenants