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1 – 10 of over 36000In this article Professor Perry argues that Plessy v. Ferguson and the de jure segregation it heralded has overdetermined the discourse on Jim Crow. She demonstrates through a…
Abstract
In this article Professor Perry argues that Plessy v. Ferguson and the de jure segregation it heralded has overdetermined the discourse on Jim Crow. She demonstrates through a historical analysis of activist movements, popular literature, and case law that private law, specifically property and contract, were significant aspects of Jim Crow law and culture. The failure to understand the significance of private law has limited the breadth of juridical analyses of how to respond to racial divisions and injustices. Perry therefore contends that a paradigmatic shift is necessary in scholarly analyses of the Jim Crow era, to include private law, and moreover that this shift will enrich our understandings of both historic and current inequalities.
Francesco Tajani, Pierluigi Morano, Francesca Salvo and Manuela De Ruggiero
In this research a model for the rationalization of the assessment in a rent to buy contract has been proposed, in order to contextualize the economic amounts involved in the…
Abstract
Purpose
In this research a model for the rationalization of the assessment in a rent to buy contract has been proposed, in order to contextualize the economic amounts involved in the negotiation according to the specific market risk of the area where the property is located. The paper aims to discuss this issue.
Design/methodology/approach
The model borrows the logical principles of operational research, in order to take into account the convenience constraints of the parties involved (seller and buyer) and to determine the minimum amount of the additional annual rent to be charged as down payment on the final sale price, compensating the investment risk. The procedure proposed for the risk assessment combines the discrete modeling of real option analysis and the exponentially weighted moving average method, in order to weigh appropriately the data available for the specific area in the analysis.
Findings
Considering the limit conditions of variability of the property market value at the time provided for the notarial deed, the proposed model returns two values (minimum and maximum) for a fixed contract duration and for a specific market area for the annual additional rent, which define the reference range to ensure the compliance with the convenience constraints of the parties involved.
Practical implications
In order to test the reliability of the developed methodology, the model has been implemented to the 24 “microzones” defined by the Italian Revenue Agency for the city of Bari (Southern Italy). The results obtained were then georeferenced, in order to create thematic maps of convenience for the subjects interested in the rent to buy formula. The developed maps define a useful support to be consulted in the negotiation phase between the seller and the buyer, allowing both to verify the investment conveniences within the limits of their disposable incomes and their needs.
Originality/value
The tabulated values of the down-payment amounts and the related thematic maps constitute a valid support for both the parties in the initial negotiation phase of the contractual conditions: in fact, if comparable data for the assessment of the market value and the market rent at the time of the stipulation of the contract are ordinarily available, the increase in the rent, to be charged as the annual down payment on the final purchase price, is generally entrusted to the contractual capabilities of the subjects involved, since there is no market reference that can direct an appropriate assessment.
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Ziade Hailu, Isaac N. Nkote and John C. Munene
The purpose of this paper is to empirically test whether enforceability mediates the relationship between property rights and investment in housing, using data from land…
Abstract
Purpose
The purpose of this paper is to empirically test whether enforceability mediates the relationship between property rights and investment in housing, using data from land formalization project in Addis Ababa, Ethiopia.
Design/methodology/approach
The study was cross-sectional in design; data were collected from a sample of 210 households that benefited from the recent Addis Ababa city land and buildings formalization project. Confirmatory factor analysis was used to assess the goodness-of-fit of the latent structures underlying the constructs. Mediation was tested using the Baron and Kenny steps, combined with bootstrapping technique. Robustness of results was checked.
Findings
The results indicate statistically significant mediation effect of contract enforcement. However, the mediation is partial, there is still a substantial direct effect of security of property rights on investment.
Practical implications
Any initiative to land formalization projects needs to consider contract enforcement environment, as presence and size of property rights effects largely depend on whether those rights are properly enforced.
Originality/value
This is the first study that conceptualizes the mediating effect of contract enforcement on the relationship between property rights and investment from an African country perspective.
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The purpose of this paper is to explore the status of economic analysis of laws relating to property and contracts during ancient times in India.
Abstract
Purpose
The purpose of this paper is to explore the status of economic analysis of laws relating to property and contracts during ancient times in India.
Design/methodology/approach
Modern research tools are used to present Kautilya's ideas on contracts and property.
Findings
Kautilya implicitly proposes a labor theory of property. He devised economic laws related to contracts, property and tort, which promoted economic efficiency and encouraged ethical behavior.
Research limitations/implications
Current approaches ignore the role of ethics in designing legal rules for promoting economic efficiency.
Practical implication
Unless laws are designed to encourage and promote ethical conduct optimum economic efficiency is unlikely to be achieved.
Originality/value
Kautilya advocated a contract theory (between the ruler and the ruled), which was utilitarian in nature, however, unlike Bentham, he still appealed to the moral motivation.
Index by subjects, compiled by K.G.B. Bakewell covering the following journals: Facilities Volumes 8‐17; Journal of Property Investment & Finance Volumes 8‐17; Property Management…
Abstract
Index by subjects, compiled by K.G.B. Bakewell covering the following journals: Facilities Volumes 8‐17; Journal of Property Investment & Finance Volumes 8‐17; Property Management Volumes 8‐17; Structural Survey Volumes 8‐17.
Compiled by K.G.B. Bakewell covering the following journals published by MCB University Press: Facilities Volumes 8‐17; Journal of Property Investment & Finance Volumes 8‐17;…
Abstract
Compiled by K.G.B. Bakewell covering the following journals published by MCB University Press: Facilities Volumes 8‐17; Journal of Property Investment & Finance Volumes 8‐17; Property Management Volumes 8‐17; Structural Survey Volumes 8‐17.
This paper aims to examine the concerns and implications of the recently enacted Property Management Services Ordinance (Cap. 626) (PMSO) of Hong Kong.
Abstract
Purpose
This paper aims to examine the concerns and implications of the recently enacted Property Management Services Ordinance (Cap. 626) (PMSO) of Hong Kong.
Design/methodology/approach
A review was undertaken to identify the characteristics of the property management-related legislation of common law jurisdictions similar to Hong Kong, which include Australia, Canada and the United Kingdom. Then, the development of the property management-related ordinances in Hong Kong and the key features of the PMSO were examined. Finally, a case study was conducted to demonstrate the potential problems of the PMSO.
Findings
There are various kinds of legislative controls on property management services in the above common law jurisdictions. The PMSO, which is the first to regulate property management services providers through a licencing system and introduce control on training and professional development, imposes limits on freedom of contract and self-regulation of professionals. Potential problems with the implementation of the PMSO are also revealed.
Research limitations/implications
This research analyses four common law jurisdictions. Property management services contracts in these jurisdictions are subject to governance by their case laws and market operations.
Practical implications
By virtue of the new licencing system of the PMSO, property management services contracts in Hong Kong become a new kind of specific contracts.
Originality/value
This paper illustrates the relationship between freedom of contract and public benefit. It contributes knowledge to the area of government policy formulation in property management.
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Property is a key resource for the delivery of public services and needs to be managed well. The previous Conservative government had a conviction that better value public…
Abstract
Property is a key resource for the delivery of public services and needs to be managed well. The previous Conservative government had a conviction that better value public services could be delivered by harnessing private sector expertise and, since the late 1980s, embarked on an unprecedented level of competitive tendering. This procurement method had extended to the appointment of property consultants, but the system encountered difficulties which research by the College of Estate Management (CEM) sought to explain. The research, undertaken in 1995 and 1996, involved interviews and major questionnaire surveys covering managers and property professionals in the public and private sectors, leading to recommendations about changes to practice and policy. This paper traces developments in local government, by comparison with central government, from before the advent of compulsory competitive tendering (CCT) for property services in April 1996 through to the latest changes proposed by the new Labour government after May 1997. It concludes that competition is an important management tool, but recommends greater flexibility in the way procurement is implemented.
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In the context of difficulties in access to housing, the Spanish Act 4/2013 introduced a new article 17.5 into the Act on Urban Leases 1994 (LAU). This paper regulates the…
Abstract
Purpose
In the context of difficulties in access to housing, the Spanish Act 4/2013 introduced a new article 17.5 into the Act on Urban Leases 1994 (LAU). This paper regulates the so-called renovations in lieu of rent (rehabilitación por renta), that is to say, a tenancy contract in which the tenant does not pay the rent in money but by performing renovation works in the same rented dwelling. The purpose of this paper is to analyse the legal regime of renovations in lieu of rent and how this scheme works.
Design/methodology/approach
Renovations in lieu of rent, by its own nature, allow a tenant with building skills to access affordable housing. However, due to the new regulation of this tenancy contract, which is only included in Paragraph 5 of art. 17 LAU, some problems may arise from a legal perspective.
Findings
This paper approaches the compatibility of this scheme with the LAU, detects its problems and proposes legal improvements.
Originality/value
This paper explores the application of renovations in lieu of rent and determines whether this new scheme, according to the current regulation, may represent a true residential alternative for vulnerable people or if legislative reform is needed to promote its use.
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Aim of the present monograph is the economic analysis of the role of MNEs regarding globalisation and digital economy and in parallel there is a reference and examination of some…
Abstract
Aim of the present monograph is the economic analysis of the role of MNEs regarding globalisation and digital economy and in parallel there is a reference and examination of some legal aspects concerning MNEs, cyberspace and e‐commerce as the means of expression of the digital economy. The whole effort of the author is focused on the examination of various aspects of MNEs and their impact upon globalisation and vice versa and how and if we are moving towards a global digital economy.
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