RESIDENTIAL LEASE ABSTRACT This thesis aims to provide complex analysis of a legal institute of residential lease based on current legal framework (in particular Act No. 89/2012 Sb.) in comparison with the previous legal framework (in particular Act No. 40/1964 Sb., in the version effective on 31 December 2013) while considering the historical context of older legal frameworks of residential lease and the milestones in the development of civil law on our territory. The thesis is structured into 3 chapters which are further divided into subchapters, sections and subsections. The first chapter is devoted to the development of legal framework of residential lease on our territory (except for Roman law framework) until 1989. The beginning of the first chapter outlines the Roman law together with the medieval Koldín's Code. Subsequently are described general characteristics within the historical context of the key Civil Codes which were in force in the specific period on our territory including the General Civil Code (Imperial Patent No. 946/1811 Sb. z. s.), the Civil Code of 1950 (Act No. 141/1950 Sb.) and the Civil Code of 1964 (Act No. 40/1964 Sb.). The legal frameworks of residential lease, or personal use, which were included in the mentioned codes, are elaborated on in more detail in this chapter together...

The purpose of this dissertation is to study on the Chinese, American, British, Korean, Japanese and international ship finance regimes on a comparative basis. The first part of the dissertation introduces various shipping finance sources. The second part of the dissertation focuses on analysis of the loan agreement, security documents and other related legal documentation and their principal clauses as well as implications to the shipping finance practice. The author then researches on the ship lease financing in China, Coastwise Trade Endorsement and Jones Act Sale Leaseback in the United States, Tax Lease regime in the UK and government finance models in Japan and Korea. The author also compares the ship mortgage regimes in China, the United States, Liberia and the Marshall Islands, and illustrates practices and legal issues in connection with ship construction, sale and purchase and classification society. In the final part of the dissertation, the authors proposes alternatives and improvements for Chinese shipping finance and advantages of the U.S., Japanese and Korean regimes which China could learn from. / acase@tulane.edu

The objective of this thesis is to examine the legal procedures and systems concerning granting or possessing mineral rights, and how such rights may be exercised, particularly given the diametric interests of land use, ownership and land tenure. The study, comparative in its nature, aims at highlighting the similarities and differences between the countries and states of comparison, and thereby identify interesting solutions of issues relating to the granting and exercising of mineral rights. The study examines mineral rights and different legal systems regulating mineral exploration and exploitation. The focus is on mining and mineral legislation and its application, including the exercise of mineral rights. The systems chosen are those of Sweden, Finland and the states of Ontario and Western Australia. The main result is generated by the comparison dealing with the application, granting and possession of mineral rights related to the development of a mine. Several processes are thereby identified. In addition, the content and extent of the different rights and obligations related to exploration and exploitation activities are examined, as well as land areas open or closed for the exercise of these rights. The legal processes concerning granting mineral rights are in fact complex as evidenced by this work, particularly when land-use and environmental legislation is taken into account. The perception of a good balance in legislation between diametric interests of land use, ownership and land tenure is heavily linked to the view of sustainable development. The difficulties of achieving this are confirmed by the countries and states compared. The continuous change of mineral legislation during the course of this study is an indication of the complexity of the topic. / QC20100723

The energy service industry is a newly emerging industry in Taiwan, where related regulations and measures are still at an immature stage. The business operation models include being a motivator in regard to energy conservation, becoming an ESCO, or developing strategies covering both areas. The implementation will help present energy users to break through existing bottlenecks involving: funds, manpower, technology, and recycling term; change the environment where the Government is currently the main motivator; and attract private companies to participate in energy saving and carbon reduction. First, topics for in-depth interviews were established in order to obtain a better understanding of the operational environment of ESCOs in Taiwan, including any obstructions encountered during the development of the ESCO industry. Second, in-depth interviews were carried out with selected ESCOs via explorative research and quantitative methods. The interview data were analyzed and discussed. The following results were obtained regarding the domestic ESCO industry: 1. The status of current development and business opportunities is promising. 2. Factors affecting current development include the lack of regulations, subsidizing plans, third party authentication, energy-saving technologies, and financing solutions. 3. The financing difficulties include: insufficient collateral, sound financial reports, or banks¡¦ understanding of the ESCO industry. 4. The key success factors for the domestic ESCOs to enter the global ESCO market include: the accuracy of the energy-saving reports and income estimates, provision of integrated energy-saving technologies, and utilization of the small and medium business credit guarantee funds and loans. 5. Business models that best suit the development of domestic ESCOs include: sharing energy, performance guarantees, and equipment lease.

With the increased attention of different stakeholders on the environmental performance of businesses, several firms are increasingly focusing on product recovery and reuse activities which are not only profitable but may also help to reduce the environmental impact of their operations. This dissertation focuses on managerial challenges associated with such value-added recovery and reuse activities. The first essay examines how a firm should bring a product to market, in particular, whether to lease or sell products. Motivated by claims that leasing can be an environmentally superior to selling, we analytically investigate if either leasing or selling can be both more profitable for a monopolist and have a lower total environmental impact. The second essay first experimentally examines the effect of remanufactured products on the perceived value of new products. This effect is then incorporated to analytically investigate an OEM's strategy in the presence of competition from third-party remanufacturers. In the third essay, motivated by a major IT company, we investigate the optimal product recovery and remanufacturing strategy for a firm that can offer trade-in rebates to achieve price discrimination. We also consider the effect of potential entry of third-party remanufacturers on the firm's recovery and remanufacturing strategy.

This dissertation addresses issues in corporate finance. Part I examines the litigation environment of a firm and its impact on financial policy. Chapter 1 discusses prior research, including theory and empirical results, related to firm performance, financial policy, and litigation. It provides the background to support the empirical analyses of Chapters 2 and 3. Chapter 2 examines the wealth effects of litigation events on the firms involved, as well as on their industry peers. I find that litigation events have a strong negative effect on both the firms sued, as well as their competitors. Chapter 3 examines whether managers use financial policy strategically when facing an increased risk of litigation claims. I find that greater litigation exposure leads firms to choose higher leverage. I show that this leverage increase is brought on by an active decision to repurchase shares. These repurchases appear to be financed with a combination of excess cash and short term debt as they coincide with a significant decrease in cash holdings and an increase in short term liabilities. These firms also increase their use of operating leases, which, due to their priority in bankruptcy, have similar characteristics as secured debt. Finally, the effects seem to be stronger for firms with a higher probability of bankruptcy. Part II asks whether there is a disposition effect in corporate investment decisions. Chapter 4 provides a summary of the existing literature related to the disposition effect and discusses both theoretical and empirical findings. In Chapter 5, I utilize the unique nature of Real Estate Investment Trusts (REITs) to test for the presence of the disposition effect in corporate investments. The results show strong statistical evidence that REIT managers tend to sell winners and hold losers, where winners and losers are defined using changes in properties’ prices since they were acquired. In addition, I find evidence that this behavior is consistent with the disposition effect. REIT managers are significantly less likely to sell properties that have a loss relative to a reference point based on inflation or historical average returns, controlling for the properties’ recent returns. / text

Univ., FB Rechtswiss., Diss.--Hamburg, 2004. / Literaturverz. S. 257 - 272.

Thesis (Ph. D.)--University of Washington, 1998. / Vita. Includes bibliographical references (leaves [101]-118).

La mise à disposition est une notion récente – à l’échelle du droit français – qui n’a réellement intégré le domaine juridique qu’au siècle dernier. A travers elle, c’est le phénomène d’évolution de la langue juridique qui peut être observé, les raisons et le processus de l’intégration d’un terme de la langue courante au sein du langage juridique. Par ailleurs, l’ampleur et la rapidité avec lesquelles la locution « mise à disposition » s’est répandue dans les textes du droit français montrent à quel point la formule répond à un besoin des praticiens. Pourtant, la notion de mise à disposition ne présente, à première vue, aucune cohérence et son utilisation normative recèle de nombreuses contradictions. L’étude approfondie de la mise à disposition permet toutefois de découvrir une notion homogène sous la forme d’une « licence d’utilisation », notion qui appelle un régime particulier. La mise en exergue par l’étude de la mise à disposition de certaines singularités juridiques ouvre d’ailleurs la voie à une réflexion plus large portant sur la pertinence de certaines classifications classiques, notamment quant aux catégories de choses et quant à la distinction droits réels / droits personnels. / The provision is a recent notion - across the French law - which has really integrated the legal scope in the last century. Through it, the phenomenon of legal language evolution can be observed, the reasons and the process of integrating a term of the current language in the legal language. Moreover, the extent and speed with which the "provision" phrase has spread in the texts of French law show how the formula meets the need of practitioners. Yet the notion of providing presents, at first glance, no consistency and normative use conceals many contradictions.However, the comprehensive study of the provision give the opportunity to discover a homogeneous concept as a "license to use" concept that calls a special regime. The discovery of certain legal singularities also opens the way for a broader reflection on the relevance of certain conventional classifications, particularly as regards the categories of things and on the distinction real rights / personal rights.

El arrendamiento financiero es una alternativa de financiamiento que tiene un tiempo considerable de vigencia en el Perú desarrollándose en las empresas de telecomunicaciones y energía fortaleciendo sus aspectos económicos y financieros. La empresa Quanta Services desconoce sus ventajas y desventajas que conllevan al financiamiento de dicho contrato para la financiación de activos fijos (Excavadoras, equipos de procesamiento de datos, edificaciones y terrenos). Con relación al arrendamiento financiero que se aplica en el Perú. Esta normada por:  Norma Internacional de Contabilidad (NIC 17 - Arrendamiento) actualmente NIIF16.  Comité de Interpretaciones de Normas Internacionales de Contable (CINIIF 4 – Determinación si un Acuerdo representa un Arrendamiento Financiero). En tal sentido el Arrendamiento Financiero - Impacto Económico perjudicara a Quanta Services ya que no renovara sus bienes patrimoniales perjudicando a los clientes y usando estos bienes de manera reiterativa sin obtener resultados óptimos. El Arrendamiento Financiero - Impacto Financiero perjudicara a Quanta Services ya que no gozara de los beneficios tributarios y económicos así como también la falta de liquidez para poder responder a sus obligaciones futuras. Leasing is a financing alternative that has a considerable force in the Perú develop in telecommunications companies and energy to strengthen its economic and financial aspects. Quanta Services company is unknown its advantages and disadvantages that lead to the financing of that contract for the financing of fixed assets (data processing, buildings and land equipment excavators). In relation to leasing that is applied in the Peru. This regulated by: 1) International Accounting Standard (IAS 17 - leases) currently NIIF16. 2) International accounting standards interpretations Committee (IFRIC 4 - determining whether an agreement represents a financial lease). In this sense the financial lease - economic impact would undermine Quanta Services since not renovate their assets hurting customers and using these assets in a repetitive manner without obtaining optimal results. Leasing - Financial impact would undermine Quanta Services since not enjoyed economic and tax benefits as well as also the lack of liquidity to meet its future obligations.