Australian Residential Tenancies Law in the COVID-19 Pandemic: Considerations of Housing and Property Rights

2021 ◽  
Vol 44 (1) ◽  
Author(s):  
Chris Martin
Keyword(s):  
Property Rights ◽  
Consumer Protection ◽  
Rental Housing ◽  
Housing Rights ◽  
Additional Protection ◽  
Legislative Framework ◽  
Emergency Measures

In response to the COVID-19 pandemic, Australian states and territories implemented eviction moratoriums and measures to vary rent obligations – a remarkable response for jurisdictions that have, for decades, regulated residential landlord-tenant relations on a model of mild consumer protection, market rents and ready termination. This article examines the COVID-19 emergency measures and their implications for tenants’ housing rights, and landlords’ property rights. After reviewing the Australian rental housing system’s structure and legislative framework, the article examines in detail the COVID-19 emergency measures regarding evictions and rents in each state and territory. These vary in form and content, mostly on a pattern of additional protection from eviction for a core ‘hardship’ group, and variation of rents by individual negotiation. The article considers problems in the emergency measures, and points on which enduring reforms may be built, as well as critically appraising the argument that property rights protections limit the scope for reform.

Risk, Property Rights, and Antidiscrimination Law in Rental Housing: Toward a Property-in-Action Framework

2020 ◽  
Vol 45 (4) ◽  
pp. 871-901
Author(s):  
Marco Brydolf-Horwitz
Keyword(s):  
Property Rights ◽  
Private Property ◽  
Rental Housing ◽  
Legal Rights ◽  
Criminal Records ◽  
Private Property Rights ◽  
Private Market ◽  
Antidiscrimination Law ◽  
Risk Discourse ◽  
Housing Outcomes

Landlords’ decisions significantly shape the housing outcomes of poor and stigmatized renters. Despite this important gatekeeping role, studies of antidiscrimination law have not thoroughly examined how private market actors respond to reform efforts or how private property rights potentially enable them to evade regulation. This study draws on ethnographic data gathered between late 2015 and early 2018 to examine how and why Seattle landlords opposed an ordinance regulating the use of criminal records in rental housing. The findings indicate that landlords’ opposition stems from their expectation that property protects owners’ ability to control their exposure to risk. Yet conceptions of property and risk perception alone cannot explain how landlords can evade regulation. Toward this end, I show how private property rights facilitate adaptation by which landlords can legally circumvent the intent of the law. The study highlights the value of a sociolegal framework of property in action, which incorporates cultural notions of ownership, legal rights, and the regulatory and market environments that shape owners’ discretion. I suggest that greater attention to risk discourse and property rights will deepen our understanding of the limits of antidiscrimination law and the ability of private market actors to adapt to, and resist, legal reform efforts.

scholarly journals Βιοηθικά ζητήματα της χρήσης πτωματικών βιολογικών υλικών στην εκπαίδευση και στην έρευνα

Bioethica ◽  
2020 ◽  
Vol 6 (1) ◽  
pp. 15
Author(s):  
Konstantinos Katsos (Κωνσταντίνος Κάτσος) ◽  
Konstantinos Moraitis (Κωνσταντίνος Μωραΐτης) ◽  
Chara Spiliopoulou (Χαρά Σπηλιοπούλου)
Keyword(s):  
Property Rights ◽  
Human Body ◽  
Ethical Issues ◽  
Biological Materials ◽  
The Past ◽  
Legislative Framework ◽  
The Uk

Can someone claim property rights on a corps e? If so, to whom it belongs? If not, are there anylimits to the "use exploitation" of the human body? This paper discusses the ethical issues that arise ineducation and research with cadaveric materials by conducting a review of the international litera ture. Inthe light of various scandals concerning the retention of cadaveric tissues and organs and their use ineducation and research, the legislative framework in the UK was revised in 2006 to regulate themanagement of a corpse. Similar acts exist in m any other countries. In Greece, the current legal systemonly regulates the use of biological materials for transplantation, leaving a "gap" in education andresearch issues after death. Greece must leave behind the paternalism of the past and follow the p rinciplesof information and consent.

scholarly journals Walking the Tight Rope: Balancing the Property Rights of Individuals with the Right to Housing of Informal Settlers

2016 ◽  
Vol 1 (2) ◽  
pp. 95-118
Author(s):  
Doris Matu
Keyword(s):  
Property Rights ◽  
Human Dignity ◽  
Legal Framework ◽  
Bill Of Rights ◽  
Fundamental Freedom ◽  
Housing Rights ◽  
Fundamental Freedoms ◽  
Tight Rope ◽  
The Right ◽  
Privately Owned

The Constitution of Kenya, 2010 provides for the right to property in Article 40. Further, in Article 43 (1)(b), it provides for the right to accessible and adequate housing. The purpose of this article is to show the conflict that arises between the right to property for owners of land and the right to housing of the informal settlers living on these privately owned lands. The main objective is to investigate the concept of illegal forced evictions and the legal framework that surrounds the practices that render such evictions against the principle of human dignity and the right to accessible and adequate housing in the context of informal settlements. The 2010 Constitution states that every person shall enjoy the rights and fundamental freedoms in the Bill of Rights to the greatest extent consistent with the nature of the right or fundamental freedom. This renders important the concern that arises when persons informally settle onto land that they have no legal title to; what is the balance to be maintained between property rights and housing rights as provided for in the Bill of Rights.

scholarly journals An Assessment of Intellectual Property Legislative Framework on Violations of Protected Goods

2021 ◽  
Vol 4 (1) ◽  
pp. 1-18
Author(s):  
Godfrey Thenga
Keyword(s):  
South Africa ◽  
Intellectual Property ◽  
Property Rights ◽  
Free Riding ◽  
Financial Loss ◽  
Legislative Framework ◽  
The Law ◽  
The Government

Infringement of intellectual property is a violation of protected rights. Intellectual property is an asset owned by businesses and forms part of a trade. In South Africa, the Constitution and other legislation guarantee ownership of property. The rights to ownership of protected property are affected when criminals misappropriate property. This abuse is evident when the protected property is divested from its lawful owners and sold at a profit to disadvantage the owners. This has the potential of devaluing protected property and contributes to the financial loss of the owners. The abuse ultimately discourages innovation and creativity in businesses. The government is responsible for protecting property rights; the positive spin-off is the taxes that benefit the country. Poor protection encourages free-riding behavior where unscrupulous criminals misuse the intellectual property for their benefit. This study assessed the effectiveness of various legislation that protects property interests. It further highlighted poor enforcement of the law.

Unfair Contract Terms Protection in Slovakia

2020 ◽  
Vol 66 (1) ◽  
pp. 163-181
Author(s):  
Monika Jurčová ◽  
Kristián Csach
Keyword(s):  
Law Enforcement ◽  
Empirical Evidence ◽  
Consumer Protection ◽  
Civil Code ◽  
Contract Term ◽  
National Regulation ◽  
Legislative Power ◽  
Legislative Framework ◽  
Consumer Contracts ◽  
Unfair Terms

The unfair contract terms protection in Slovakia is currently regulated by a system of rules in the Slovak Civil Code; the path to the current extent of consumer protection has not been very straightforward. This article analyses the legislative framework on unfair terms, and questions of law enforcement. It further outlines selected issues and empirical evidence in the context of “surprising contract terms,” transparency of a contract term, legislative power of the judiciary, it discusses the controversial of the German approach to resolve conflicts revolving around unfair clauses. The article concludes that the current Slovak regulation of unfair terms in consumer contracts seems to fulfil the requirements set by the UCTD; however, all in all, Slovakia’s national regulation remains fragmented in the Civil Code, the Act on Consumer Protection and special sectoral regulation and supplemented by special procedural regulation.

Access to Housing Rights and Property Rights for Women: Select Study in Delhi and NCR Regions

2019 ◽  
Vol 65 (2) ◽  
pp. 475-493 ◽  
Author(s):  
Bijayalaxmi Nanda ◽  
Savita Sinha ◽  
Venika Menon
Keyword(s):  
Property Rights ◽  
Gender Issues ◽  
Material Structure ◽  
Group Discussions ◽  
Housing Policies ◽  
Gender Policy ◽  
Legal Provisions ◽  
Housing Rights ◽  
Women In India ◽  
Desk Review

This article critically evaluates the housing policies and legal provisions regarding property rights for women in India. It interrogates the inclusion of gender within the policies, programmes and laws, and exposes its biases and skewed priorities. Through a desk review of the policies and programmes and an examination of court judgements, it provides an understanding of the contestations and challenges that exist therein. With carefully conducted interviews and focussed group discussions with women beneficiaries and policy implementers, this article strives to enrich the analysis. It provides a set of suggestions and recommendations on enhancing awareness on women’s right to property and providing women greater access to housing rights. Although the fieldwork has been conducted in Delhi–NCR region, it has implications for the country as a whole. Overall this article contextualises the debates on gender, policy, laws and institutions in a broader framework of material structure s and a patriarchal society. It highlights the significance of creating awareness on gender issues for all concerned, including policymakers, implementers, judiciary and the women beneficiaries themselves.

scholarly journals Сonsumer Rights, Competition and Intellectual Property Protection Regimes in the EaP Countries at the Cross Roads: EU Requirements and Reality

2021 ◽  
Vol 7 (1) ◽  
pp. 5-25
Author(s):  
Oksana Holovko-Havrysheva ◽  
Keyword(s):  
Intellectual Property ◽  
Property Rights ◽  
Intellectual Property Rights ◽  
Consumer Protection ◽  
Intellectual Property Protection ◽  
Multilateral Cooperation ◽  
Rights Protection ◽  
Intellectual Property Rights Protection ◽  
Property Rights Protection ◽  
The Eu

Unlike the protection of the intellectual property or competition, the cooperation of the EU with the EaP countries in consumer protection matters belongs to the topics which are not prioritized by the bilateral and multilateral cooperation agenda and fora. Rooted in different contractual framework, the cooperation in consumer protection matters, in the cases of the competition and intellectual property rights protection, is linked mainly to the approximation of legislation and regulatory practices used by the EaP countries to fulfil their obligations. This article aims to compare the EaP countries practices dealing with the consumer protection, competition protection and intellectual property protection regimes in order to identify the potential impact the properly ensured competition and effectively enforced intellectual property rights can cause on the level of the consumer protection as an effect of the proper and due approximation of the relevant legislation to the EU standards.

Women, and Land and Property Rights in Benin City, Nigeria

2018 ◽  
Vol 30 (3) ◽  
Author(s):  
Sumaina Yesufu ◽  
Thobeka S. Nkomo
Keyword(s):  
Property Rights ◽  
Focus Groups ◽  
Gender Discrimination ◽  
Group Discussion ◽  
Structured Interview ◽  
Structured Interviews ◽  
Interview Schedule ◽  
Thematic Content Analysis ◽  
Benin City ◽  
Housing Rights

The Centre on Housing Rights and Evictions states that women’s rights to land and property are systematically denied, and that over one billion women worldwide have been affected by this trend. In Nigeria, although the constitution prohibits all forms of discrimination against women, land and property rights are still determined by the principle of male primogeniture. This paper discusses the consequences of gender discrimination on women and their households in relation to land and property rights. A qualitative approach was adopted in this study. Twenty women who constituted the sample participated in the semi-structured interviews. For the focus groups discussion, the researcher selected 10 of these participants, who were divided into two focus groups. The research tools were a semi-structured interview schedule and a focus group discussion guide. The researcher analysed the data generated using thematic content analysis. The prominent findings of this paper are that housing and food insecurity, the lack of access to matrimonial property, disinheritance, and poverty are among the consequences of gender discrimination on women and their households in relation to land and property rights.

Legal Protection Towards Traditional Food Based on Mark and Geographic Indication Law

2018 ◽  
Vol 9 (1) ◽  
pp. 242
Author(s):  
Endang PURWANINGSIH ◽  
MUSLIKH MUSLIKH ◽  
Nelly Ulfah ANISARIZA ◽  
Derta RAHMANTO
Keyword(s):  
Property Rights ◽  
Consumer Protection ◽  
Legal Protection ◽  
Legal Aspects ◽  
Traditional Food ◽  
Department Of Agriculture ◽  
Regional Office ◽  
Regulation Policy ◽  
Directorate General ◽  
Research Findings

Traditional food makers should be empowered and their products should be protected. The objectives of this research are to identify and analyze the potential, the prospect, and the legal protection of traditional food (producer and products) to finally attain legal protection and trademark or geographic indication. In this research, the method applied is analytical descriptive qualitative by making use of participatory (PRA) and sociological-juridical approaches. The research findings suggest that so far, instead of working on a bigger cause that is achieving mark/label, traditional food producers are still striving for trademark merely to get market distribution and halal label.  It is clear that they need help from related parties considering their economy, sociological humanities (empowerment), and legal aspects (regulation, policy, brand, halal label, consumer protection). Related parties, the Industry and Trade Service,  Cooperatives and SME’s, Directorate General of Property Rights and its regional office, the Department of Agriculture, universities, and the traditional food producers association—should work together and take serious measures to pro-actively involve food makers.

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