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Nájem nemovitostí v České republice a vybrané aspekty dané problematiky ve Velké Británii / Lease of real estate in the Czech Republic and selected aspects of this issue in Great BritainManhartová, Tereza January 2012 (has links)
The subject of the thesis is the lease of real estate amended by Czech law and some aspects of the lease of real estate amended by English law. This thesis tries to provide the reader with basic information about these issues. The thesis is systematically divided into two sections- the lease of land and the lease of building firmly connected with the land. It is focused on fundamental terms such as the thing in legal sense. The question of changes in an area of lease of real estate is quite actual because of passing the new civil code in the Czech Republic. That is why the thesis contains a comparison between the effective civil code and civil code in force. It points out the most significant amendments which will become effective on 1. 1. 2014. The other purpose of this thesis is to highlight the most important aspects of legal regulation of lease of real estate in English law. The thesis compares the Czech legal regulation with English one and defines the basic differences of this issue in both countries. The thesis is structured into introduction, five elementary chapters and conclusion. Each chapter is focused on issue which directly or indirectly influences the lease of real estate. The first chapter contains the elementary terminology which is connected with the lease of real estate. It is a...
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不動產租賃契約價值之研究林雅悅 Unknown Date (has links)
為因應市場變動性及解決租約僵固性,不動產租賃契約中多存在變動條款,以提供承出租雙方彈性管理使用。租金調整係不動產租賃契約中常見的選擇權條款,惟在契約自由原則下,不論歐、美國家租金僅向上調整方式,或國內以一固定比例向上調整租金方式,均造成租金下固性之情形,明顯獨厚出租人,導致承租人過度負擔市場變動風險,進而產生租約價值偏離理論價值之缺失。由於傳統評定租約價值之現金流量法無法評價租約中選擇權價值,近年來國外學者廣泛應用各種選擇權評價方法,期能求得理論上之租約價值,同時改善承出租雙方間權益不公之現象。
本研究基於租金僅向上調整隱含選擇權價值之觀點,應用二項式選擇權評價方法,建構不動產租賃契約評價模式。經由個案模擬,探討不同租金調整方式下租約價值之差異;同時運用敏感度分析,瞭解各變數變動對於選擇權價值將產生何種影響。最後藉由分析結果,對於承出租雙方在租金調整決策上提出建議。 / To manage more flexible and reduce transaction costs for both landlords and tenants, most clauses of real estate lease implicit option value. Rent review is a common option-like term. Leases with upward-only rent review clauses not only existed in USA and UK, but also in Taiwan. The rent will be merely adjusted upwards. Because of traditional discounted cash flow method can not deal with the option nature in leases, many scholars applied option pricing approaches to evaluate lease contract value in recent years.
This research assumes that upward-only rent review clause is embedded option value and uses binomial option pricing approach to develop the lease pricing model for real estate. Firstly, the author compares different rent review types and their value by case study. Moreover, this study uses sensitive analysis to probe how important variable affect option value. Finally, I provide suggestions to landlords and tenants in rent review policy decision.
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