事業用建物の賃貸借と借地借家法 : あるキーテナントからの中途解約をめぐって
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概要
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After the collapse of the Bubble Economy, there happened many cases of cancellations of leases of large-scale office buildings in breach of fixed term agreements by tenants, especially by anchor tenants such as super markets in various places of Japan. Since landlords' management highly depends upon rent from anchor tenants, their cancellations usually cause serious damage to landlords, who may end up going bankrupt. When I worked for a landlord who owned an office building as a section manager, I encountered various problems caused by tenants' cancellations of fixed term leases, which induced me to consider whether the cancellation in those cases should give rise to legal responsibility. In Japan the object of the clause of the civil lease law and the law of landlords and tenants is to protect lessees for residential use. These statutes have no restrictions against cancellations by tenants of fixed term leases because they are not concerned with any contracts for commercial use. In Western Europe, law of landlords and tenants is different from the one for office buildings which governs landlords on an equal footing with tenants. The purpose of this paper is to show that it is not appropriate to apply the civil law and the law of landlords and tenants to lease of office buildings and to propose the enactment of a statute which exclusively applies to those leases in order to restrict tenants' cancellations of fixed-term leases. Firstly (In Chapter 2), examples from my experience will be shown to clarify the problem of lease cancellation. Secondly (In Chapter 3), I'll introduce examples of cases and a reconciliation concerning lease cancellations. After these explanations, I develop the above-mentioned problem as follows: Chapter 4, the issues and theories concerning lease cancellation, including the history of compilation of civil law and law of landlords and tenants concerning this field, and finally, Chapter 5, problems in the future (Conclusion). Especially in Chapter 5, I try to advocate the enactment of a special law that focuses on a conclusion of a contract on an equal footing, e.g. a tenant's one-sided cancellation is restricted under the case of fixed term in an office building lease. By advocating the enactment of the special law, I hope to contribute to the progress of real estate business.