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This paper aims to demonstrate why the solution voted by the Romanian Senate regarding the limitation of the users responsibility in the leasing contract, by modifying the Government Ordinance no. 51/1997 concerning the leasing operations and the leasing societies, in March 2018, is not grounded enough legally, and why we do not recommended to be adopted, even if, de plano, we agree with the increased protection of the user. In this argumentation we use comparative law. [ABSTRACT FROM AUTHOR]

The article offers information about regulations on the deduction of real estate losses for taxpayers who are involved in rental real estate activities. Topics discussed include deduction rules for taxpayer's passive participation in their real estate activities, grouping of taxpayer's business and rental activities, and deductions for the rental activities of real estate developers.

Leasing is one of the most important sources of external financing for corporate firms. This paper uses data from 76 countries to examine how legal environments affect firms’ leasing behavior. The results suggest that leasing is used less in countries with weak legal environments: Firms in countries with weak legal environments tend to avoid leasing contracts, because the contracts are costly to enforce. I also find that leasing has a measurable impact on both firm growth and GDP growth. Leasing can increase the availability of capital, improve operational efficiency and, as a result, potentially contribute to growth. The results provide a policy implication, by which possible adjustments in a legal system can facilitate the availability of leasing, which may in turn generate real economic gains. [ABSTRACT FROM AUTHOR]

This Note examines the main statutes governing the Outer Continental Shelf (OCS) leasing process, including their interpretation by the courts. The interests of affected states and indigenous people, as well as how courts have minimized these voices will be explored, focusing on the state of Alaska. Finally, this Note argues for statutory reform as well as a change in the leasing process to increase state and indigenous participation. [ABSTRACT FROM AUTHOR]

The article presents legal developments in marketing relating to the regulation of competition. Regarding price discrimination, the case "Peelers Company and Laitram Corp. v. Ivar Wendt, et al.," is discussed, involving discriminatory leasing rates on industrial equipment. Regarding resale price maintenance, the case "United States v. Jantzen, Inc.; Catalina, Inc,; Cole of California, Inc.; and Rose Marie Reid," is discussed, involving a consent decree signed by four swimwear manufacturers stating that they will not enter into any pricing agreements with other manufacturers.

The sharing economy--the rapidly evolving sector of peer-to-peer transactions epitomized by Airbnb and Uber--is the subject of heated debate about whether it is so novel that no laws apply, or whether the sharing economy should be subject to the same regulations as its analog counterparts. The debate has proved frustrating and controversial in large part because we lack a doctrinally cohesive and normatively satisfying way of talking about the underlying activities taking place in the sharing economy. In part, this is because property-sharing activities--renting your car out to a tourist for a day, paying to spend the weekend in a stranger's spare bedroom--blur the familiar binary divisions of personal and commercial, gratuitous and nongratuitous, formal and informal, that the law employs to characterize human activities. Because we lack a coherent analysis of these underlying property-sharing activities, any judgment about the sharing economy's social value or attempts to regulate it are incomplete and confusing at best, and possibly inaccurate or counter-productive as well. This Article brings definitional clarity and coherence to this discourse by unpacking the underlying activities taking place within the sharing economy and developing a conceptual framework and taxonomy of sharing. By being more precise about what we mean when we talk about the sharing economy, and situating these activities with respect to existing legal institutions and shifting social norms, this Article provides an essential foundation for academics producing future scholarship, as well as for policymakers [ABSTRACT FROM AUTHOR]

The article discusses the U.S Department of the Interior's decision to close off several million acres of the National Petroleum Reserve-Alaska (NPR-A or Reserve) from oil and gas leasing. Topics discussed include history of the Reserve, the Alaska National Interest Land Conservation Act of 1980 and its relevance to the NPR-A, and the petroleum industry's potential legal arguments against the Interior's decision. It also discusses the statutes governing the Reserve and Alaska's public lands.

In this reflection article will analyze the different theories that revolve around the legal nature of a financial lease, taking into consideration that the doctrinal positions have not been peaceful in this area will be discussed. Similarly, and for these purposes, conceptual, etymological and historical aspects that allow contextualize the subject of legal problematization is preliminarily embroidered. [ABSTRACT FROM AUTHOR]

We chose to study two notions that we meet both in the legal and the economic fields, both in our country and beyond the Romanian borders. These are the land and lease rent, both having the legal nature of a contract and in an unequivocal manner regarding ownership of land. At the same time, both have a correspondent in the economic field where the land and the income it produces can be found in the notion of capital. An element of novelty resides in the analysis that we proposed, in the light of legal and economic, with the presentation of the comparative aspects, where we find similarities and differences both within the current legislation, as well as in economic analysis. Trying to identify common elements of both two notions, as well as two scientific fields, we reveal the reasons why they survived over the centuries and continue to be current. [ABSTRACT FROM AUTHOR]

The article discusses the framework of regulatory takings under which government regulates a property by lawful jurisprudence in the U.S. Topics discussed include a summary of relevant regulatory takings jurisprudence, history and tests along with the current scenario of taking lease during moratorium. It notes that a lease is best analyzed when it expires during a moratorium and analyses economic impact faced by property owner.

The article offers information on the effects of amendments on the Australian Commercial Tenancy Agreement Act. It focuses on the balance of the powers and rights between landlords and tenants. It stresses on the bargaining conditions of tenants and signifies that amended laws put burden on landlords. Topics discussed include disclosure, right of at least five year tenancy and notices regarding the renewal of leases.

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The article discusses renewal options of New York's statutory Rule Against Perpetuities (RAP) with respect to the New York Court of Appeals case Bleecker Street Tenants Corp. v. Bleeker Jones LLC. Topics discussed include analyzing the courts reasoning for exempting the entirety of lease renewal options from RAP, examining previous New York Court of Appeals cases limiting RAP's application to contingent rights, and effects of the case on landlords and tenants.

The article focuses on the laws and regulations associated with the use of controlled substances in various states of the U.S. It states that a property owner will be held responsible if he or she leases a property to a tenant who sells controlled substance such as marijuana and strict action will be taken against the owner. It further states that the Controlled Substance Act of 1970 strictly prohibits the leasing of properties for illegal conduct.

The study hereafter aims at developing the subject represented by the lease contract of an intellectual creation correlated with the new legal dispositions of the Civil code concerning the lease agreement. The analysis is inscribed in the author's sphere of interest concerning the major copyrights turning into account agreements following an ample theoretical schedule, which is defined by the effort to compare the particular legal provisions on this type of agreements to the larger area of legal provisions comprised in the Civil code that came into force in October, 2011. The necessity of this study is derived from the circumstance that this type of agreement dealt with hereafter is brought under regulation by a single article encompassed in Law no. 8/1996, corroborated with the fact that the patrimonial author's rights turning into account agreements are not referred to within the legal provisions of Law no. 287/2009. (The Civil Code) [ABSTRACT FROM AUTHOR]

The article offers information on the future of horizontal drilling legality in West Virginia. It discusses the history of initiation of natural gas production process by the use of horizontal drilling techniques in West Virginia. It informs about mineral leases which provides permit to leaseholders to produce natural gas by using the technique.

The article discusses validity of lease after title failure, a situation that defeats the right of whole ownership of property by the owner of record, due to bad faith polling. It presents the historical background of shale plays in Texas and describes the technologies that create new opportunities and dilemmas for the state's oil companies. It reflects on lease expiration and identifies potential sources of litigation associated with pooling and title in the shale plays.

Purpose – The paper benchmarks compliance for 2010-2011 with the RICS Code of Practice for Commercial Service Charges 2006. Design/methodology/approach – Whether the proxy adopted is measured by floorspace or number of commercial office buildings, the sample size conforms to Kreycie and Morgan's determination for representative sample size. Data are generated directly from the original documents provided to commercial leaseholders to ensure authenticity and remove the need for third party reporting of said data. This guarantees the data are valid. Findings – The research discovers that compliance with the RICS Code of Practice for commercial service charges is poorly, if variably, implemented. This contrasts with claims by the professional body. Research limitations/implications – The work only concerns 17 corporate tenants operating principally in the financial services sector and data are drawn from the clients of one property services company. Content analysis is utilised in order to interpret the data and requires some subjective judgement by the researchers. The work only refers to multi-let office space in England and Wales. Originality/value – Data are original and the paper offers a unique benchmarking test. This contrasts markedly with the anecdotal evidence offered by the profession in defending their standards of practice and whilst the paper has limitations, it is the largest and most accurate study yet carried out in the field. [ABSTRACT FROM AUTHOR]

The article discusses the issues of break clauses in leases and business tenancies in Great Britain. It tackles the absence of statutory intervention and landlord's rights with relevance to any breach of covenant. It also mentions topics on drafting and the protection of the Landlord and Tenant Act 1954.

The article discusses the Rental Housing Conversion and Sale Act of 1980, also known as the Tenant Opportunity to Purchase Act (TOPA). The author presents an interdisciplinary analysis of the dynamic based on affordable housing and the notion of law as a tool for societal change. TOPA was enacted to protect the interests of less powerful segments of society by creating statutorily mandated rights. Litigation arising from TOPA include right of first refusal, and bargaining in good faith.

The article reports on the high cost that minimum parking regulations inflict on consumers, commercial establishments, and residents in Australia. The five negative effects of free parking are discussed. The only solution to parking regulations is to remove them and provide market pricing for off-street parking. Other options such as long-term leases on all on-street parking and privatization of parking spaces are offered.

The article focuses on the Contract of Leasing as the new provision of the Law on Leasing. It presents the content and the general contract conditions in the subject of leasing were considered in the provision. It also offers data related to the issue which include the norms that governs the contract of leasing and the rights and obligations of the leasing subjects.

A new mode of housing tenure in Japan, rental housing with fixed rental terms, was introduced in March 2000 with the revision of the Japanese Tenant Protection Law. This paper examines the implications of this new system by analyzing the determinants of the choices by households among the three types of housing tenure in Japan: owned housing, general rental housing, and rental housing with fixed rental terms, and calculates the estimated compensating variation. Our micro-data is based on the three waves of Japanese household longitudinal data (Keio Household Panel Survey, KHPS) covering all of Japan. The difference between general rental housing and rental housing with fixed rental terms is reflected in the length of the contract term and the level of rent. We carefully eliminate potential sample selection bias introduced to the conditional logit housing tenure choice model through the estimation of the hedonic price regression of each housing tenure alternative. We find that households with a smaller number of family members, those who moved from outside the local housing market, those headed by an unmarried household head, and those with plans to own a house in the near future tend to select rental housing with fixed rental terms. The estimated mean compensating variation by introducing rental housing with fixed rental terms for all households selecting that tenure is 1,205 JPY per month or 1.96% of their monthly rent. Moreover, younger and/or lower income households derived the greatest benefit from the revised law in the form of lower rents. [ABSTRACT FROM AUTHOR]

Taking our experience in the legal profession as a starting point, we have examined four representative problems related to the service of process for Lease litigation proceedings in Mexico City. It is about a legal dogmatic exercise where the necessary feed-back between Law theory and praxis is emphasized. After repeated analyses, the problems expounded have surpassed the narrowness of the concrete but are presented abstractly here-in so that such concepts may be applied in specific cases and contribute to resolve alike issues. [ABSTRACT FROM AUTHOR]

The article discusses the implications of the liability law which allows injured car accident victims to collect damages from car leasing companies. It discusses the history and background of statutes imposing liability on car owners. It also reviews the recent U.S. Supreme Court jurisprudence regarding the Commerce Clause and federalism that to led to the discussion of Graves Amendment under constitutional scrutiny.

Presents an overview of the Swiss political structure in 2004. Changes in Parliament; Results of national referenda and initiatives, including the rental law reform and the proposed life imprisonment for violent offenders.

Provides information on developments in motor vehicle leasing legislation in the U.S. in 2004. Miscellaneous state law enactments; Litigation on vicarious liability claims in Rhode Island and New York; Information on Magnuson-Moss Warranty Act claims.

Analyzes the decision of the Massachusetts Supreme Court in a case filed by Wesson against Leone Enterprise Inc. concerning commercial leases. Laws that govern commercial leases; Rationale for the Court's decision on the case; Implications of the decision for commercial lease agreements.

Discusses several developments in motor vehicle leasing and litigation. Extension of the common law theory of vicarious liability to the automobile leasing industry; Specifics of leasing laws enacted in several U.S. states; List of leasing litigation in the U.S.

Identifies the states where potential or unlimited vicarious liability may exist and offers recommendations on the ways in which motor vehicle lessors and their legal counsel may mitigate or eliminate the risk of vicarious liability. Information on vicarious liability under state law; Categories of states in connection with the vicarious liability of motor vehicle lessors; States with potential vicarious liability.

Deals with the development of the statutes on equipment leasing transactions under the United States Uniform Commercial Code. Revision of the Article 2A of the U.C.C.; Background information on the Uniform Consumer Leases Act.

Identifies the state consumer lease disclosure laws that were not harmonized with the new Regulation M prior to 1997 in the United States. Determining which states took action in 1997 and the first six months of 1998 to harmonize their laws with the Regulation M; Recommended alternatives as to how certain states can achieve disclosure harmonization in 1998.

Discusses the structure and salient provisions of the October 1997 working draft of the Uniform Consumer Leasing Act (UCLA) in the United States. Overview of the UCLA Draft; How the UCLA Draft treats several key consumer protection issues which have arisen in the automobile leasing area; Provisions of the draft; Procedural steps that must be taken before the UCLA Draft can be designated officially as either Uniform Act or a Uniform Law Commissioner's Model Act.

Examines disclosures under the revised Regulation M rules of the United States Federal Reserve Board. Definition of lessor; Nonsegregated lease disclosures; Lessee's right to a vehicle appraisal.

Presents an overview of the motor vehicle leasing and personal property financing developments in each state in the United States. Promulgation of state consumer protection statutes by the federal Consumer Leasing Act; Variations in legislation practices in each states; Benefits of automobile lease packages to consumers.

Focuses on the lease financing for fledgling manufacturers of computer peripheral equipment in the United States. Relationship between a leasing company and a manufacturer; Mechanics of lease financing; Problem in framing the leasing commitment of the company.

Analyzes decisions of the court in the U.S. regarding the implied warranty of habitability in leased residential premises. Exception to the rule of caveat emptor recognized by the Wisconsin Supreme Court in the 'Pines v. Perssion' case; Ruling of the court in 'Lemle v. Breeden' relating to the use of furnished dwelling; Case laws related to landlord's duty to comply with building codes and regulations.