Leasehold estate

About: Leasehold estate is a research topic. Over the lifetime, 1589 publications have been published within this topic receiving 21480 citations. The topic is also known as: leasehold & tenancy.

Shared ownership and temporal ownership in Catalan law

Abstract: Purpose The global economic crisis and the housing bubble meltdown have had a significant impact on the Spanish property market. As a result, the homeownership–tenancy dichotomy has become a matter of discussion, and efforts are made to discover formulas that provide affordable, stable and flexible housing access. Taking this background into account, the Catalan lawmaker has implemented the so-called “intermediate tenures” (temporal ownership and shared ownership) into the Catalan Civil Code, which are conceived as a middle ground between ownership and renting. This paper aims to explores how these “intermediate tenures” work. Design/methodology/approach These tenures are conceived as a middle ground between ownership and renting and may be used for a variety of purposes. As the Catalan lawmaker has fragmented the right of ownership on the basis of English law, which is a great breakthrough regarding the long-standing conception of the right of ownership in continental legal systems, the paper explores how these “intermediate tenures” work, as regulated in Act 19/2015, in a comparative perspective. Findings The paper offers an overview of how these “intermediate tenures” are regulated and which are the problems arising from legislation and the potential uses. Originality/value As the temporal ownership confers on the titleholder the domain of an asset for a specifically defined period of time, it does not conform to the right of ownership as it is currently conceived in continental European legal systems, given that it is based on the English leasehold; shared ownership confers on the buyer a property share in the thing, entitling him to the full possession, use and exclusive enjoyment of the thing and to gradually acquire the remaining share. Both are based on the English shared ownership scheme and leasehold, and are legal transplants worth to be analysed.

Agrarian Transition in Sind: An Analysis of Interlinked Rural Factor Markets

Abstract: The process of change in the tenurial structure of Punjab's agriculture from sharecropping tenancy to an owner-cultivation with a wage-labour system of production has been well-documented in. [Alavi (1976); Hamid (1980); Hussain (1980); Khan (1981); Khan (1983); and Mahmood (1977)] . It has been argued that this has come about through the induction of the new technologies (firstly in the form of tube well irrigation and subsequently followed by the biological and mechanical technologies) associated with the "Green Revolution". In Sind, however, in spite of the use of modern technology, the tenancy-based system of production still predominates. According to the 1980 Census of Agriculture, tenant farms were the largest single category of farms in Sind (with 49 percent of all farms). This study, which reports preliminary findings from lower Sind, uses the framework of interlinked factor markets [Bardhan and Rudra (1978); and Bardhan (1980)] to see if mutually desirable interlinkages for tenants and landlords in their access to land, labour and capital markets can explain the retention of tenancy in the face of exogenous forces of modernization.

Life time contracts : social long-term contracts in labour, tenancy and consumer credit law

Abstract: Preface Principles of Life time contracts (en/fr/de/it/es) EuSoCo declaration (en/de/fr/it/es) Introduction: The New Dimension of Life Time in the Law of Contracts and Obligations Part I: Life Time in Contract Law The Evolution of the European Contract Law: A Brand New Code, a Handy Toolbox or a Jack-in-the-box? Etica del contratto e contratti "di durata" per l'esistenza della persona" Lebenszeitvertrage und Teilhabe - Der zivilrechtliche Anschlussverlust als Verstoss gegen die Verfassung Lebenszeitvertrage - Natur und Ethik Le social" et la defaisance - Introduction au problem de la critique en droit europeen des contrats Life Time et contrat - Ronald Coase (1910 - 2013) et le detournement de l'interdisciplinarite du droit Part II: Labour Contracts The Historical Contribution of Employment Law to General Civil Law: a Lost Dimension? The end of mandatory rules in the employment contract law: on ready-made suits, goods made to measure and fashion trends Schutz und kollektive Privatautonomie - das Arbeitsverhaltnis in seiner Besonderheit Self-Employment and Economic Dependency in the light of the Social Contract Law Tarifautonomie und Vertragsgerechtigkeit: Der Beitrag des kollektiven Arbeitsrechts zur Vertragstheorie Part III: Consumer Credit Contracts Darlehensvertrag als Kapitalmiete (locatio conductio specialis) Change of circumstances in consumer credit contracts - the United Kingdom experience and a call for the maintenance of sector specific rules The EU Consumer Credit Directive 2008 in the light of the EuSoCo Principles Access to long-term banking services in the Nordic States A contractual approach to overindebtedness: rebus sic stantibus instead of bankruptcy Responsible bankruptcy Part IV: Residential Tenancy Contracts Das Recht auf Wohnraum und der Wohnraummietvertrag Towards a Common Core of Residential Tenancy Law in Europe? The impact of the European Court of Human Rights on Tenancy Law Exploring interfaces between social long-term contracts and European law through tenancy law Das koreanische Wohnungsmietschutzgesetz und die Notwendigkeit der Kontrolle des Mietwuchers

Customary Land at Crossroads: Contest for the Control of Customary Land in Zambia

Abstract: Customary land across Africa has come under increasing pressure over the past decade and a half from different angles. Among the factors which account for this growing pressure are population growth, sustained economic growth recorded in most countries over the past 15 years, and urbanisation. For instance in Zambia, the growing demand for land has manifested in the rapid increase of customary land being converted into leasehold tenure by well-resourced Zambians as well as foreign investors. But the practice of converting customary land into leasehold tenure is raising serious questions and concerns about the future of customary land. For some analysts, this is an auspicious moment marking the inevitable transition from communal to individualised land ownership. For example, the Zambian government has been promoting the conversion of customary land into leasehold tenure, arguing that this is the only way to ‘open up’ rural areas to investments, which is expected to bring development to these areas. However, some analysts argue that conversion of customary land into leasehold tenure undermines traditional authorities and the cultures of the Zambian people, as well as the fight against poverty in rural areas. This paper illustrates that while the privatisation of customary land may appear as a genuine attempt by the state to stimulate rural development, this practice is creating a contest for the control of customary land between traditional authorities (who have always been the custodians of customary land) and the state that seeks to extend its control over land resources in Zambia.