미얀마 토지 법제와콘도미니엄법에 대한 소고

Myanmar government has been making every endeavor to develop national lands in order to utilize them for industrial and other purposes as well as for agriculture. The government also has been trying to cultivate vacant or fallow lands for the livestock farming and mining development project. According to Transfer of Immoveable Property Restriction Act 1987, no person may sell, buy, give away, pawn, exchange or transfer by any means immovable property with a foreigner or foreigner owned company. Further no person may grant a lease of immovable property, for a term exceeding one year to a foreigner or foreigner owned company. For foreigners, long-term lease may be allowed in accordance with special laws. Foreigners may lease a land (Freehold Land, Grant Land, Farm Land, Vacant/Fallow/Virgin Land and Leased Land from Government) for a term up to 50 years if the investor obtained relevant investment permits in accordance with Myanmar Investment Law or Special Economic Zone Law. Condominium Law, for the first time of Myanmar history, recognized Co-owners’ land use right to the Land on which the building is built by creating the concept of Collectively Owned Land in Myanmar. It also legalized the registration system for Condominium building and each housing unit in the building. The Condominium Law further recognized the foreign ownership to the real estate by allowing foreigners to buy the housing units of Condominium and established methods that protect the right of buyers of the Condominium. We find the significance of the Condominium Law in appointing an Association, composed of Co-owners, as an entity to own and manage the Collectively Owned Land. In this paper, I have surveyed an overview of the regulations on lands in Myanmar and how foreigners could lawfully utilize the lands in Myanmar. Further, I have introduced more specifically the license, construction, sales and registration of Condominiums as well as and reviewed the significance of the Condominium Law.