Análisis comparativo sobre el formulario del contrato de arrendamiento de bienes inmuebles utilizado en México y en Corea

Abstract

The lease contract for real estate is considered as one of the contractual modalities of undoubted usefulness in contemporary society. The objective of this work is to make a legal-linguistic analysis of the lease contract forms used in Mexico and in Korea. We have reached the following conclusions: First, the Mexican form not only complies with the relevant laws but also includes more detailed agreements on the problems that could occur during the tenants occupation. Second, it specifies the rights and responsibilities of both parties, which are required in the process of the contract stages, including those of the guarantor. Likewise, it specifies the sanction and the right of rescission in case of violation of any rule of the agreement. Third, it clearly states the rules on the extension and termination of the lease contract. Fourth, the Mexican form clearly indicates which are the relevant laws pertaining to the lease agreement. Based on these results, the suggestions to improve the Mexican form are to allow the alteration of the property under the consent of the landlord and to state that the tenant can continue living in the same property until the deposit is refunded. Regarding the Korean form, they are the following: request more documents in the initial phase of the contract such as a document of verification of the facilities of the property; add a clause that the contract will be voided by deception or pressure; add complementary elements like registration in the district office to support the right of the tenant; include clearly defined rights and responsibilities of the landlord and the tenant and also the sanction in case of violation of the agreement; manifest the laws relevant to the contract.