1 / 8

Flexicurity in tenancy relations TENLAW 5th meeting Tartu, May 7-8, 2015

This research aims to determine the comparative efficiency of the rental market through the traditional core aspects of the law of residential lease. It also focuses on designing a model of flexicurity in the housing market, taking into account the socio-economic reality and its embeddedness and effects. The research applies a comparative and historical method in legal research.

mattern
Download Presentation

Flexicurity in tenancy relations TENLAW 5th meeting Tartu, May 7-8, 2015

An Image/Link below is provided (as is) to download presentation Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author. Content is provided to you AS IS for your information and personal use only. Download presentation by click this link. While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server. During download, if you can't get a presentation, the file might be deleted by the publisher.

E N D

Presentation Transcript

  1. Flexicurity in tenancy relationsTENLAW 5th meetingTartu, May 7-8, 2015 Ave Hussar

  2. Tartu team • www.sisu.ut/tenancy • Journal of the University of Latvia • Comparison of the termination provisions in Latvia-Estonia • PRS in CEE … Case Study: Estonia • Best of TENLaw … • Flexicurity as a concept in tenancy relations as research theme Ave Hussar/ Prof. Irene Kull

  3. Purpose of the research • First stage: • Determine the comparative efficiency of the rental market through the (traditional) core aspects of the efficiency of law of residential lease • Second stage: • Designing the model of flexicurity of housing market taking into account status quo of the socio-economic reality. • embeddedness in, and effects on … • E.g. Germany vs Estonia – „same“ black letter law, still different situation/outcome – „problem“ lies somewhere else? Comparative and historical method in legal research

  4. Method • Comparative Law as ancilliary discipline to Law and Economics • Which rules are to be examined? • Functional approach • Answered by Reports!? • How will people react to them? • legal experiments – different rules already tested… • Which rule is preferred? • Comparison of the efficiency of traditional core elements Comparative and historical method in legal research

  5. Method • Positive Law and Economics • Universal goal: increase wealth • Describes advantages and disadvantages of different ways to reach this goal • Normative Law and Economics • Search the best rule for given problem • E.g. legal transplant – does it work in new environment? NB! Transaction costs of implementation! • Ranking the solutions in terms of efficiency(not just „fairness“ and „justice“!) Comparative and historical method in legal research

  6. Dilemmas • Position of the tenant or the landlord? • synallagmatic elements of flexicurity • 3rd person guarantees… but moral hazard problem • All reports or a selection - on what basis? • Parallel to labour law • Delicate use of reports, articles (e.g. Hector’s presention!) Comparative and historical method in legal research

  7. Result? • Possibly several different flexicurity models for different market profiles Ave Hussar/ Prof. Irene Kull

  8. Thank you! Comparative and historical method in legal research

More Related