주거복지법제와 주택임대차법의현황과 과제
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이 책은 우리나라 공·사법을 아울러서 주거법제를 분석한 연구서이다.
제1편에서는 헌법과 국제인권법에 근거한 주거권의 개념, 제2편에서는 주거복지법제의 현황과 과제를 다루고 있다. 대표적으로는, ? 주거기본법, ? 공공주택 특별법, ? 민간임대주택에 관한 특별법, ? 주거급여법, ? 장애인 고령자 등 주거약자 지원에 관한 법률, ? 노숙인 등의 복지 및 자립지원에 관한 법률이다. 제3편에서는 주택임대차법의 현황과 과제에서는 민법과 주택임대차보호법을 상세히 다루고 있다.
제1편에서는 헌법과 국제인권법에 근거한 주거권의 개념, 제2편에서는 주거복지법제의 현황과 과제를 다루고 있다. 대표적으로는, ? 주거기본법, ? 공공주택 특별법, ? 민간임대주택에 관한 특별법, ? 주거급여법, ? 장애인 고령자 등 주거약자 지원에 관한 법률, ? 노숙인 등의 복지 및 자립지원에 관한 법률이다. 제3편에서는 주택임대차법의 현황과 과제에서는 민법과 주택임대차보호법을 상세히 다루고 있다.
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머리글·····················································································5
제1편 주거권··········································································8
제1장 헌법상 주거권···································································8
제2장 국제인권법상 주거권·······················································14
제1절 세계인권선언에서 주거권··················································15
제2절 경제적 사회적 및 문화적 권리에 관한 규약에서 주거권···16
제3절 UN-Habitat Ⅰ.Ⅱ.Ⅲ에서 주거권····································23
제2편 주거복지법제의 현황과 과제·······································28
제1장 주거기본법······································································28
제1절 주거기본법의 지위···························································28
제2절 주거기본법의 주요내용·····················································32
제3절 주거기본법의 과제···························································37
제2장 공공주택 특별법 ·····························································39
제1절 우리나라 주거정책에서 공공임대정책과 법제····················39
제2절 외국의 임대주택법제························································46
제3절 공공주택 특별법에서 행복주택의 내용과 과제··················60
제3장 민간임대주택에 관한 특별법···········································69
제1절 민간임대주택에 관한 특별법상 민간임대주택····················69
제2절 민간임대주택에 관한 특별법상 공공지원민간임대주택의 내용과 과제·····73
제4장 주거급여법······································································83
제1절 헌법상 근거와 주요내용···················································83
제2절 외국의 입법례와 사례······················································88
제3절 우리나라 주거급여제도의 과제·········································97
제4절 중간 맺음말···································································101
제5장 장애인 고령자 등 주거약자 지원에 관한 법률··············103
제1절 장애인과 고령자 주거복지 실태와 법적 토대 ················103
제2절 장애인주거복지에 관한 비교법제 분석····························108
제3절 고령자주거복지에 관한 비교법제 분석····························112
제4절 주거약자지원에 관한 법률의 주요내용····························119
제5절 주거약자지원에 관한 법률의 과제··································128
제6장 노숙인 등의 복지 및 자립지원에 관한 법률 ··················132
제1절 노숙인의 개념과 현황····················································132
제2절 노숙인 주거복지에 관한 비교법제 분석··························133
제3절 노숙인지원법의 주요내용··············································· 138
제4절 노숙인지원법의 과제······················································145
제3편 주택임대차법의 현황과 과제·····································152
제1장 주택임대차의 정의························································152
제1절 주택임대차계약의 요소···················································152
제2절 주택임차권의 채권적 성질·············································· 157
제3절 주택임대차계약의 분류···················································158
제2장 주택임대차법 개관························································160
제1절 민법··············································································160
제2절 주택임대차보호법···························································167
제3절 약관의 규제에 관한 법률···············································188
제4절 국가인권위원회법···························································197
제3장 주택임대차계약의 체결··················································198
제1절 주택임대차계약의 성립···················································198
제2절 임대차의 증명································································213
제3절 주택임대차의 공시·························································216
제4장 임차인의 주거안정························································230
제1절 임대차기간의 연장·························································230
제2절 주택임대차의 종료·························································239
제5장 당사자들의 권리와 의무················································257
제1절 주택임차인의 법적 지위·················································257
제2절 주택임대인의 법적 지위·················································297
사례풀이 ·················································································309
조문색인 ·················································································326
판례색인 ·················································································328
제1편 주거권··········································································8
제1장 헌법상 주거권···································································8
제2장 국제인권법상 주거권·······················································14
제1절 세계인권선언에서 주거권··················································15
제2절 경제적 사회적 및 문화적 권리에 관한 규약에서 주거권···16
제3절 UN-Habitat Ⅰ.Ⅱ.Ⅲ에서 주거권····································23
제2편 주거복지법제의 현황과 과제·······································28
제1장 주거기본법······································································28
제1절 주거기본법의 지위···························································28
제2절 주거기본법의 주요내용·····················································32
제3절 주거기본법의 과제···························································37
제2장 공공주택 특별법 ·····························································39
제1절 우리나라 주거정책에서 공공임대정책과 법제····················39
제2절 외국의 임대주택법제························································46
제3절 공공주택 특별법에서 행복주택의 내용과 과제··················60
제3장 민간임대주택에 관한 특별법···········································69
제1절 민간임대주택에 관한 특별법상 민간임대주택····················69
제2절 민간임대주택에 관한 특별법상 공공지원민간임대주택의 내용과 과제·····73
제4장 주거급여법······································································83
제1절 헌법상 근거와 주요내용···················································83
제2절 외국의 입법례와 사례······················································88
제3절 우리나라 주거급여제도의 과제·········································97
제4절 중간 맺음말···································································101
제5장 장애인 고령자 등 주거약자 지원에 관한 법률··············103
제1절 장애인과 고령자 주거복지 실태와 법적 토대 ················103
제2절 장애인주거복지에 관한 비교법제 분석····························108
제3절 고령자주거복지에 관한 비교법제 분석····························112
제4절 주거약자지원에 관한 법률의 주요내용····························119
제5절 주거약자지원에 관한 법률의 과제··································128
제6장 노숙인 등의 복지 및 자립지원에 관한 법률 ··················132
제1절 노숙인의 개념과 현황····················································132
제2절 노숙인 주거복지에 관한 비교법제 분석··························133
제3절 노숙인지원법의 주요내용··············································· 138
제4절 노숙인지원법의 과제······················································145
제3편 주택임대차법의 현황과 과제·····································152
제1장 주택임대차의 정의························································152
제1절 주택임대차계약의 요소···················································152
제2절 주택임차권의 채권적 성질·············································· 157
제3절 주택임대차계약의 분류···················································158
제2장 주택임대차법 개관························································160
제1절 민법··············································································160
제2절 주택임대차보호법···························································167
제3절 약관의 규제에 관한 법률···············································188
제4절 국가인권위원회법···························································197
제3장 주택임대차계약의 체결··················································198
제1절 주택임대차계약의 성립···················································198
제2절 임대차의 증명································································213
제3절 주택임대차의 공시·························································216
제4장 임차인의 주거안정························································230
제1절 임대차기간의 연장·························································230
제2절 주택임대차의 종료·························································239
제5장 당사자들의 권리와 의무················································257
제1절 주택임차인의 법적 지위·················································257
제2절 주택임대인의 법적 지위·················································297
사례풀이 ·················································································309
조문색인 ·················································································326
판례색인 ·················································································328
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