Rethinking Lease Contracts: Understanding Digital Tacit Renewal and Legal Extensions
摘要
Digital tacit renewal may transpire between the two original contracting parties, between one of them and a successor, or even among successors of either party. Furthermore, the contract may be renewed between the subtenant and the landlord if the subtenant continues to occupy the leased property after the original lease term has expired, effectively replacing the original tenant. In instances involving a subtenant, both the original lease and the sublease undergo digital tacit renewal. Additionally, digital tacit renewal may occur between the heirs of the tenant and those of the landlord. The challenge addressed by this study pertains to the legal and practical obstacles faced by lease contracts, which impact the rights and obligations of landlords and tenants alike. This research aims to investigate the efficacy of the current legal framework in safeguarding the interests of both parties. It poses critical questions, including: How effective are the existing legal provisions in protecting the interests of landlords and tenants during the lease term? How can digital tacit renewal be differentiated from legal extension, and what implications does this distinction hold for the legal nature of each contract? The study has yielded several findings and recommendations. A significant finding of the study is that a lease agreement should be classified as a management contract rather than a disposition, as it provides the tenant with a personal right to the leased asset instead of a real right. It is advisable to revise laws to include more explicit provisions addressing digital tacit renewal, especially in relation to the processes for terminating or altering its conditions. This clarification is essential, considering that the legislator has not defined a specific duration for lease renewal in the Civil Code.