The Protection of the Rights and Interests of the Rental Housing Contract Parties-Rental Housing Market Development and Regulation Act

碩士 === 國立中正大學 === 法律系研究所 === 107 === "Housing" is not only the material requirement of people’s life, but the psychological needs of safety, privacy, personality development, and dignity maintenance. Its importance is self-evident. Housing disputes have constantly occurred in Taiwan and it...

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Bibliographic Details
Main Author: 何震謙
Other Authors: 楊宏暉
Format: Others
Language:zh-TW
Published: 2019
Online Access:http://ndltd.ncl.edu.tw/handle/mt2yy2
Description
Summary:碩士 === 國立中正大學 === 法律系研究所 === 107 === "Housing" is not only the material requirement of people’s life, but the psychological needs of safety, privacy, personality development, and dignity maintenance. Its importance is self-evident. Housing disputes have constantly occurred in Taiwan and it’s the main reason that triggers social groups to urge the Government to implement housing-related policies. To deal with the disputes, the Government has adjusted the previous unsatisfying housing policy and hopes to solve the housing problem and protect housing rights and interests through a robust rental housing market. Thus, this study will discuss the contribution of “Rental Housing Market Development and Regulation Act“ passed by Legislative Yuan in December 2017 to the protection of housing right, including whether it resolves the problems of the old Rental housing legal system and other issues that may occur because of the new Act. In addition, it will introduce German rental housing legal system and compare with Taiwan‘s, aiming to improve the Rental housing legal system and protect the housing rights and interests. In general, the new Act engages in protecting the rights of the lease parties and establishing a management system for the rental housing service industry to protect people’s housing right, however, from the details of the Act, including the deregulation of rents and the tax incentives, it can be found that the legislative policy still encourages the development of rental housing service industry by reducing the cost of rental housing transactions. It’s a pity that the policy, different from the German legal system, protecting people’s housing right through the development of free market economy, actually reduces its effect. As for the applicability of the Act in practice and the effect of the rental housing market development, they still need to be observed because the new Act has not been implemented for long.