TERMINATION OF FINANCIAL LEASE CONTRACT DUE TO DEFECTS OF GOODS: FROM CLAUSULA DE REBUS SIC STANTIBUS TO DOCTRINE OF LINKED CONTRACTS

2021 ◽  
Vol 21 (3) ◽  
pp. 236-319
Keyword(s):  
Lease Contract ◽  
True Purpose ◽  
The Right ◽  
Lease Contracts ◽  
Legal Classification

Translation includes judgements representing solutions adopted in practice of German and Spanish courts as to (typical financial lease contracts) regulation consisting in exemption of lessor from liability to provide compliant goods with the rights under the sales contract assigned to lessee when lessee exercises the right to early terminate the sales contract due to deficiency of goods: what implications for lease contract this triggers? Conscious of contract’s true purpose to finance the purchase, European courts unite in treating financial lease contract as terminated, also being inclined to recognize its retrospective character and, as a result, restitution of all rent payments, including already received by the lessor. However, the courts subject it to different doctrines and differ in legal classification that leads to discrepancies in treatment of particular cases.

scholarly journals The Landlord’s Limited Right to Terminate a Residential Lease Contract: Estonian Law in Comparative Perspective

2016 ◽  
Vol 24 ◽  
pp. 71
Author(s):  
Ave Hussar ◽  
Irene Kull
Keyword(s):  
Legal Regulation ◽  
Comparative Perspective ◽  
The Core ◽  
Important Policy ◽  
Lease Contract ◽  
The Creation ◽  
Relative Scale ◽  
Regulatory Regimes ◽  
The Right ◽  
Lease Contracts

The article addresses the core question of striking balance between landlords’ and tenants’ interests in connection with the creation of security in tenancy relations. Secure tenancy relations are analysed in consideration of the need for stability. The piece elaborates on one aspect of secure tenancy, asking on what conditions the landlord has the right to terminate a tenancy contract for reasons other than factors stemming from the tenant’s sphere of risk, in the case of lease contracts concluded for both an unspecified and a specified term. This core question is addressed for the purpose of finding a position for Estonian regulation on a relative scale in comparison with Latvian, Lithuanian, German, Swiss, Finnish, and Swedish law. The authors provide an overview of legal regulation of tenancy relations in the countries compared, consider the most important policy questions involved, and develop a relative scale suitable for the various regulatory regimes compared in the article.  

scholarly journals The Right to Make Forest Block Lease Contracts for Another Term without Auction Procedures and the Basic Principles of Forest Law

2020 ◽  
pp. 787-803
Author(s):  
O. A. Kuznetsova ◽  
Yu. I. Shupletsova
Keyword(s):  
Russian Federation ◽  
Good Faith ◽  
Basic Principles ◽  
Lease Contract ◽  
Forest Law ◽  
Forest Code ◽  
The Russian Federation ◽  
The Right ◽  
Lease Contracts ◽  
Auction Procedure

Introduction: the article covers the problems of exercising a lessee’s right to make a forest block lease contract for another term with no auction procedures in the light of the basic principles of forest law. The main problematics resulted from the 2007-2008 procedure of re-issuance of forest block lease contracts made at auction in accordance with the prior Forest Code of the Russian Federation, and the refusal of law enforcement agencies to recognize these lease relations as single and effective after the new Forest Code of the Russian Federation was adopted in 2007. Purpose: to provide a theoretical assessment of the lessors’ refusal to enter into forest block lease contracts with the good faith lessees for another term through no auction procedure, and to assess the compliance of these refusals with the principles of forest legislation. Methods: the dialectical method was used in research as the main one: the right to make a forest block lease contract for another term through no auction procedure is viewed with reference to its genesis, nature, purpose and differentiation from the priority right to make a forest block lease contract for another term on the basis of the results of an auction. Results: it is proved that the re-issuance of a lease contract resulted in a single effective relation between a lessee and a lessor which had arisen on the basis of an auction and was documented in two lease agreements, and that the re-issuance procedure did not cancel the legal basis of the relations commencement (i.e. the auction being won by the lessee) and did not affect the lease duration. Therefore, the good faith lessees who won forest-related auctions, subsequently re-issued the lease contracts, and used the forest blocks for a period of 10 years or more, have the right to conclude lease contracts for a new period without auctions. This approach corresponds to the basic principles of forest law (the need to conserve forests, ensure the quality of forests, sustainably use forests, etc.).

scholarly journals Rizik unovčenja objekta leasinga u ugovoru o operativnom leasingu motornog vozila

2017 ◽  
Vol 38 (1) ◽  
pp. 303-335 ◽  
Author(s):  
Ivan Tot
Keyword(s):  
Motor Vehicle ◽  
Business Practice ◽  
Residual Value ◽  
General Terms ◽  
Legal Literature ◽  
Lease Contract ◽  
The Subject ◽  
Lease Contracts

The subject of the research in this paper are automotive operating lease contracts in the Croatian business practice. The provisions of the general terms and conditions for operating lease contracts of the Croatian leasing companies are being analysed, particulary those relating to the rights and obligations of the parties to the contract after the operating lease contract was terminated and the motor vehicle returned to the lessor. The existence of three contractual models of the automotive operating lease contract in the Croatian business practice is established, which vary with regard to the assignment and the distribution of the residual value risk. Those contractual models are being compared with the two most common contractual models of automotive lease contracts in the Austrian and German business practice: the lease contract with the excess mileage adjustment and the lease contract with the terminal rent adjustment. On the basis of the results of this comparison, applicability of the legal solutions, developed in the Austrian and German jurisprudence and legal literature regarding the lease contract with the excess mileage adjustment and the lease contract with the terminal rent adjustment, to the automotive operating lease contract within the framework of Croatian law, is being examinded.

scholarly journals “Lar, doce lar”

2020 ◽  
Vol 22 (2) ◽  
pp. 95-116
Author(s):  
Maria Raquel Guimarães
Keyword(s):  
Constitutional Law ◽  
Contract Law ◽  
Place Of Residence ◽  
Freedom Of Contract ◽  
The Family ◽  
Family Home ◽  
The Right ◽  
Lease Contracts

The place of one’s residence and, in particular, the family home, is not legally irrelevant and there are several implications of adopting a certain place of residence. In the Portuguese Constitutional Law the right to housing is a fundamental right that conforms the rule make action when defining contract laws and the limits of freedom of contract. In this text we intend to focus on the main repercussions of the ties that link a family to its home on contract law, especially concerning sales and lease contracts.

scholarly journals Building Flats Through Waqf Land: Legal Breakthrough And Obstacles

2017 ◽  
Vol 17 (1) ◽  
Author(s):  
Muhammad Maksum
Keyword(s):  
Dispute Settlement ◽  
Legal Issues ◽  
The Other ◽  
Other Hand ◽  
Lease Contract ◽  
The Right

Legal Breakthrough and Obstacles. The ratification of Law No.20/2011 regarding flats has led us to a legal breakthrough particularly on the merger opportunity between waqf and flats. Such opportunity offers legal distinctive solution such as owning the flats based on the Right to Ownership of Buildings Title (Sertifikat Kepemilikan Bangunan Gedung/SKBG) and the imposition of collateral in fiduciary. On the other hand, this law also brings out legal issues related to the rights and responsibilities of the parties in the lease contract or the cooperation between the waqf supervisor and the manager of the buildings and the tug-of-war concerning the dispute settlement authority between general and syariah courts. DOI: 10.15408/ajis.v17i1.6229

scholarly journals Land lease contract. Dynamic of invalidity

2020 ◽  
pp. 249-260
Author(s):  
Polivodskyі Oleksandr
Keyword(s):  
Theory And Practice ◽  
Significant Part ◽  
Legal Consideration ◽  
Lease Contract ◽  
Legitimate Expectations ◽  
The Moment ◽  
Lease Contracts ◽  
Civil Courts

The article is devoted to the issues of invalidity of land lease contracts. The author points out that the problem is important and significant both for the theory and practice. Cases on land lease contract validity contain significant part of disputes in Ukrainian business and civil courts, that demonstrates topicality of the problem and demand to the ideas, conception and solution. Author proposes considers the problem of invalidity in dynamic, in accordance to the sequences of legal facts and conditions that are related to invalidity of contracts, proposes his own phases of invalidity (preceding or preparation; committing contract; executing contract; contestation of validity of the contract; legal consideration and application of effects of invalidity) as well as corresponding stages of invalidity of the contracts. In this view, the article contains analysis of legislation and it’s specific in aspect that is related to the issues of invalidity of land lease contract. The author made analysis of literature proposes changes to legislation on invalidity of land lease contract. The author points out that form of the land lease contract is not conditioned by registration of rights and contract itself, meanwhile, parties agreed another conditions/ Among others, the author proposes consider land lease contract as real contract (not consensual), that committed at the moment of signing, proposes application of the principle of legitimate expectations to relations that are related to invalidity agreement and proposes changes to legislation.

scholarly journals Menerapkan Strategi Penginjilan Paulus dalam Kisah Para Rasul 17:16-34 pada Penginjilian Suku Auri, Papua

Kurios ◽  
2020 ◽  
Vol 6 (2) ◽  
pp. 318
Author(s):  
Doni Heryanto ◽  
Wempi Sawaki
Keyword(s):  
Acts Of The Apostles ◽  
Effective Strategy ◽  
True Purpose ◽  
Target Community ◽  
The Right ◽  
Gospel Message

Gospel messages are important, so to achieve the right goals, proper planning or strategy is needed. A person who does the gospel message not only depends on the magnitude of the strategy but also how effective the strategy is in introducing Christ. Therefore, the need to apply an effective strategy is very much needed by the GPdI congregation pastors in the East Waropen region in carrying out the Gospel message to the Auri tribe in Papua. The story of Paul in Athens in the Acts of the Apostles Acts 17: 16-34 is used as the biblical foundation in this study which results in five aspects, namely: understanding God's plan in eternity; understand the true purpose of the gospel message; has good characteristics as an evangelist; understand the characteristics of the target community of the gospel message, and using appropriate contextualization methods. This article aims to provide an understanding of Paul's evangelistic strategy to pastors of the GPdI congregation in the East Waropen region so that they can apply it in the Gospel message to the Auri tribe in Papua. Abstrak Pemberitaan Injil adalah hal yang penting, sehingga untuk mencapai sasaran yang tepat perlu adanya perencanaan atau strategi yang tepat juga. Seseorang yang melakukan pekabaran Injil tidak saja bergantung pada hebatnya strategi, namun juga seberapa efektif strategi tersebut dalam memperkenalkan Kristus. Oleh karena itu kebutuhan untuk mengaplikasikan strategi yang efektif sangat diperlukan oleh para gembala sidang GPdI wilayah Waropen Timur da-lam melakukan pekabaran Injil kepada suku Auri di Papua. Kisah Paulus di Atena dalam Kisah Para Rasul Kisah Para Rasul 17:16-34 dijadikan landasan biblika dalam penelitian ini yang menghasilkan lima aspek, yakni: aktualisasi karya penyelamatan Allah; mengerti tujuan hakiki dari pekabaran Injil; memili-ki karakteristik yang baik sebagai seorang penginjil; memahami karakteristik masyarakat sasaran pekabaran Injil; dan melakukan metode kontekstualisasi yang tepat. Artikel ini bertujuan untuk memberikan pemahaman mengenai stra-tegi penginjilan Paulus kepada para gembala sidang GPdI wilayah Waropen Timur, sehingga dapat mengaplikasikannya dalam penginjilan suku Auri

scholarly journals Reporting of right-to-use according to International Accounting standards Principles

2010 ◽  
Vol 58 (6) ◽  
pp. 523-532 ◽  
Author(s):  
Patrik Svoboda
Keyword(s):  
Public Interest ◽  
Accounting Standards ◽  
Financial Statements ◽  
International Accounting Standards ◽  
Financial Position ◽  
Fixed Part ◽  
The Subject ◽  
The Right ◽  
Lease Contracts ◽  
The Impact

The problem of whether and how to report in financial statements the right to use property and the obligation to pay rent or return the used property to the lessor after leasing is a fairly complex area in which it is difficult to find a generally acceptable accounting treatment. Especially for entities that are the subject of public interest, it is being demanded that in view of space comparability operative leasing should be reported on the side of lessee in the statement on financial position, both on the liabilities side, as well as on the assets side. Some possible approaches to reporting these facts are analyzed in this paper. At first the attention was paid to the simple operational lease contracts with a fixed term lease – there were compared the impacts of this way of reporting with the impact of existing accounting solutions. Moreover, the attention was also paid to the complicated lease contracts, such contracts with an option to extend contract or leasing contracts in which rents are divided into a fixed part and a part constructed variable. There were evaluated the effects of different views on the reporting of these contracts, in particular the views of the IASB and the FASB. Many preparers of accounts, however, justifiably concerned that this solution is quite complicated and the entity would be unduly burdensome due to the benefits achieved. This problem could be even more pronounced for smaller entities for potential adjustments to standards for SMEs. Such entities are often against mere change over to the principle based on the transfer of risk and commissions connected with leasing.

Agent-Based Modeling of Decisions and Developer Actions in Wind Farm Landowner Contract Acceptance

2019 ◽  
Author(s):  
Sita M. Syal ◽  
Yiqing Ding ◽  
Erin F. MacDonald
Keyword(s):  
Citizen Participation ◽  
Wind Farm ◽  
Wind Farms ◽  
Agent Based Model ◽  
Financial Benefit ◽  
Agent Based ◽  
Lease Contract ◽  
Acceptance Rates ◽  
Unique Decision ◽  
Lease Contracts

Abstract This paper presents an agent-based model to investigate interactions between wind farm developers and landowners. Wind farms require hundreds of square miles of land for development and developers typically interact with landowners to lease land for construction and operations. Landowners sign land lease contracts without knowing the turbine layout, which affects aesthetics of property as well as value of the lease contract. Having a turbine placed on one’s land is much more lucrative than not, but landowners have to sign over the use of their land without knowing if they will receive this financial benefit or not. The timing of this process, typically referred to as “Landowner Acquisition,” introduces high uncertainty for both stakeholders and represents a major pain point of the industry — a source stated up to 50% of wind projects fail due to landowner acquisition issues. We present an agent-based model that models the land lease contract period with unique decision-making characteristics for a set of landowners and a wind farm developer. Citizen participation is an integral part of community acceptance of wind farms, thus we use principles from past studies to quantify three actions a developer can take to influence landowner decisions: (1) community engagement meetings; (2) preliminary environmental studies; and (3) sharing the wind turbine layout with the landowner. The results show how landowner acceptance rates can potentially change over time based on what actions the developer takes. Overall, developers can use this model to better understand interactions with landowners and determine what actions may help positively influence landowner acceptance rates.

Sign in / Sign up

Export Citation Format

Share Document