This time,Continuation of last time, we will explain the Real Estate Civil Code.

Hilarious! Ministry of Justice releases manga about amendments to the Law of Obligations

In April 2020, a major revision of the Civil Code was made and new rules came into effect.
here
Matters relating to the terms and conditions,
Matters relating to real estate rentals, matters relating to statute of limitations,
Warranty Information
There have been major changes to the current rules.

In order to inform the general public about this, the Ministry of Justice has prepared
"Learning the rules of civil law (law of obligations) with Momotaro"is.

The contents of the revised law are explained in easy-to-understand manga format,
This is hilarious. The monkey gets tricked by the terms and conditions made by the demon and ends up suffering a huge loss.
When Momotaro went to Onigashima, he paid for the hotel fees with the dogs, monkeys,
The three parties argued that the loan to Kiji had expired.
A fantastic story unfolds.

Regarding real estate matters,
There is talk about tenant liability.

In this story, Momotaro's rented house is destroyed by a fight between the resident's dog and a monkey.
What happens to the deposit if the property is damaged?
The story depicts the exchange between Momotaro and the pheasant.
"This is not a result of normal use and is therefore the responsibility of the tenant."
This is the conclusion that can be drawn.
The content is so good that it's hard to believe it was created by the Ministry of Justice.
I encourage everyone to read it.

(Ministry of Justice website: Learning the rules of civil law (law of obligations) with Momotaro)

The revised law is also likely to be targeted in the real estate agent exam

The revised law is rarely featured in exams immediately after the amendment,
They tend to be targeted some time after a law has been revised.

The revised law also includes amendments to the contents of the terms and conditions and the guarantee contract.
Limiting the scope of liability of tenants in real estate rentals
A clause that allows for the return of security deposits in principleabout
This is a clause that could appear on the exam at any time, so
Please check it.

summary

Civil law is a law that is familiar to us, so it comes up in a variety of situations.
Purchasing or renting real estate, taking out a mortgage, etc.
These are sales contracts, lease contracts, and loan contracts, respectively.
The terms of the contract are stipulated in accordance with the provisions of the Civil Code..

However, as in the case presented here,
If the Civil Code is applied as is, situations will arise that do not reflect reality.
In addition, the civil law rules established during the Meiji period
They often no longer fit with modern economic society.

Therefore,General provisions of the Civil Code (principle of good faith, abuse of rights, violation of public order and morals, etc.)
Applying the above to correct the interpretation, or as in this major revision,
It becomes necessary to change the rules themselves..

Please be aware of the principles, exceptions, and changes in interpretation.
I think studying civil law will give me a better understanding.

 


At Conspirito, we have a wealth of content on our website that you can learn from the perspective of a real estate management company.

 

The person who wrote this blog

Conspirit Blog Writer
Conspirito's official blog writer will deliver useful information about real estate.