사실혼 배우자의 주택임차권의 승계에 관한 연구

If a lessee dies without a successor, any person who has a de facto marital relationship and has lived together with the lessee as a member of the family in his/her house, shall succeed to the rights and obligations of the lessee. When a lessee is dead, in cases where a successor has not lived together with lessee as a member of family in his/her house, any person having the de facto marital relationship with the lessee and the relatives within the second degree of relationship therewith shall jointly succeed to the rights and obligations of the lessee. On this wise, succession to right of lease of house is provided in the housing lease protection act to protect a de facto spouse. But the housing lease protection act is not sufficient to protect de facto spouse, successor and creditor of a lessee. Therefore, any person having the de facto marital relationship with the lessee should succeed to the rights and obligations of the lessee, regardless of living together with successor. Also, the range of relatives within the second degree of relationship must be extend to the legal heir and protection of creditor of a lessee should be considered. Lastly, the succession to right of lease of house should be applied to not only a de facto spouse but also de facto adopted son.