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 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.

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.

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.

scholarly journals Moral Harm Compensation as a Remedy to Housing Rights

2021 ◽  
Vol 3 (3) ◽  
pp. 99-123
Author(s):  
Veronika S. Karyaginа ◽  
Keyword(s):  
Property Rights ◽  
Complex Nature ◽  
Property Damage ◽  
Law System ◽  
Legal Science ◽  
Housing Rights ◽  
Legal Nature ◽  
Contractual Obligations ◽  
Complex Methods ◽  
Court Practice

Introduction. The increased interest in modern Russian legal science towards the problems of moral harm compensation, while having been resulted from the widespread use of this category within legislation and court practice, determines the need for its conceptual research within housing law due to its special significance for being a judicial remedy to housing rights, which is important not only for legal science in general, but also for regulatory enforcement, as well as for further improvement of housing legislation. Insufficient regulatory regulation of compensation for moral harm taking into account the specifics of housing law and the lack of a deep scientific theory has caused law enforcement difficulties in implementing this method of protecting housing rights. Theoretical Basis. Methods. The purpose of this paper is a comprehensive study of conceptual and practical challenges towards moral harm compensation as a remedy to housing rights, the study is based on the analysis of its scope and justification of universality for the protection of housing rights diverse in legal nature. The methodological basis of the paper consists of both general scientific methods (dialectical method, induction, deduction, analogy, analysis, synthesis) and special methods of scientific research – system and complex methods of scientific knowledge. System method allowed to consider the scope of moral harm compensation, it has made possible to determine the internal links of this method of housing rights protection with other elements of housing law system (other methods of remedy, contractual and non-contractual obligations, rights in rem, etc.). Complex methods allowed to make a comprehensive assessment and identify features of the application of moral harm compensation as a remedy to housing rights in different areas of housing relations, and also to determine its interdisciplinary nature. Results. The result of the study reflects the conclusion that industry characteristics of housing rights, due to the specificity of the object of housing rights, distinguish in most cases the derived nature of demands on moral harm compensation from claims for property damage caused to residential premises, and determine the suitability of the application of moral harm compensation to protect the property rights of parties within housing relations only in cases provided for in a law. Moral harm is an independent consequence of violation of housing rights of citizens, that is why it can be compensated independently, regardless of the presence of property damage or along with property damage. Discussion and Conclusion. Court practice reveals a small number of independent claims for moral harm compensation when housing rights are violated. The complex nature of subjective housing rights has revealed a close connection of some property rights of subjects of housing relations with personal non-property rights and intangible benefits, and thus creates the basis for claims for moral harm compensation. Considering the fact that the concept of “housing rights” is a collective notion combining subjective rights various by legal nature (constitutional, civil, social security rights, etc.), the object of which is a dwelling premise, then at that point the possibility to apply for their protection a moral harm compensation proves the interbranch nature of moral harm compensation as a remedy and the universality of its application for the purpose to restore violated housing rights.

scholarly journals Some preliminary findings regarding Kosovo legislation in the field of consumer protection with special emphasis in arbitration clauses in consumers contracts

2020 ◽  
Vol 57 (3) ◽  
pp. 875-885
Author(s):  
Luljeta Plakolli-Kasumi
Keyword(s):  
Consumer Protection ◽  
Case Law ◽  
Effective Protection ◽  
Doctoral Thesis ◽  
Eu Directive ◽  
Protection Legislation ◽  
Legislative Framework ◽  
Unfair Terms ◽  
The Eu ◽  
Court Practice

Although the Kosovo Law on Consumer Protection has been harmonized with the EU Directive on Unfair Contract Terms, several inconsistencies are still prevalent in other pieces of legislation, which in turn diminish the effective protection of consumers in line with the aim of the said Directive. The present paper aims at introducing some preliminary findings of the author’s doctoral thesis which can serve as a basis for further improvement of the existing legislation in the field of consumer protection. Full harmonization of the consumer protection legislation with the Unfair Terms Directive entails not only the verbatim transposition of the said Directive into one piece of legislation but an alignment of the entire legislative framework to this end, as well as the development of the court practice in line with the CJEU case-law.

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