Lease Agreement Research Articles

Implications of Wet Leasing to Paper Airlines: Generating Capacity Outside an Air Service Agreement

Operating aircraft under leasing has increased greatly over the past twenty years. One type of aircraft leasing, wet leasing, is the practice of providing not only the aircraft to the lessee but also at least some of the crew, and potentially the maintenance, and insurance for the aircraft. In a wet lease agreement, because the lessor usually provides the majority of the aircraft’s servicing functions, the lessor is typically considered the operator of the aircraft but the aircraft is flown under the lessee’s designator code. In states where substantial ownership regulations are less restricted, an airline in one state can own a paper airline in another state. In such a scenario, the lessor may own the foreign airline that it wet leases to and use the lessee’s traffic rights.This paper focuses on the implications of a lessor wet leasing to a foreign paper airline in which the lessor has a financial stake. One such implication includes how the lessor can use the lessee’s traffic rights to generate a route between the lessor airline’s state of registry and a third state without an air service agreement between the states. The primary, and seemingly only, example of this innovation is the TACA airlines arrangement with LACSA that created a route between El Salvador and Canada from 2006 to 2010, when El Salvador and Canada did not have an air service agreement. Other implications of similarly innovative wet leasing arrangements to a paper airline or struggling airline are also analysed, such as an expansion of capacities beyond that provided in an air services agreement (ASA).

Analisis Hukum: Actio Pauliana terhadap Aset Disewakan dalam Kepailitan

This research focuses on the legal regulation of leasing in the context of bankruptcy, emphasizing the importance of good faith principles and the application of actio pauliana. Leasing involves managing economically valuable assets through agreements that must comply with the validity requirements under Article 1320 of the Indonesian Civil Code, including the principle of good faith. In bankruptcy cases, the good faith principle is applied through actio pauliana, which grants creditors the right to annul actions by debtors that harm them. This research aims to understand how the Bankruptcy and Suspension of Debt Payment Obligations Law (KPKPU) regulates rental income from bankruptcy assets and the application of actio pauliana to leased bankruptcy assets. The study employs a normative juridical method with legislative and conceptual approaches to analyze the legal certainty of leased bankruptcy assets. The findings show that rental income can be classified as bankruptcy assets under Article 38 of the KPKPU Law, and actio pauliana can be applied if the leasing agreement is made in bad faith, as per Article 1341(2) of the Civil Code and Article 38 of the KPKPU Law.

Factors influencing tenant retention among selected commercial leasing establishments in Cebu City, Philippines

In the competitive field of commercial real estate, it is important to understand the factors that affect tenant retention to maintain a stable and profitable leasing environment. This descriptive survey research examined the factors influencing tenant retention among selected commercial leasing businesses in Cebu City, Philippines, with a focus on office and retail lease contracts. A total of 150 tenants (lessees) were purposefully selected to participate in the survey, and data were collected through a questionnaire created by the researcher. The results showed that tenants regarded the management structure of the lessor, building quality, lease pricing, contract terms and conditions, building location, and government regulations as key factors in their decision to stay with their lessors. The study also found that tenants were moderately satisfied with these factors. These findings highlight the importance of lease agreements and property management in tenant retention strategies. Further research on these factors and their impact on property management in Cebu City's commercial leasing sector could provide valuable insights for improving tenant satisfaction and retention.

Division and spin-off as legal forms of disaggregation of economic organizations

The article highlights the issues of division and spin-off as legal forms of disaggregation of economic organisations, provides legal regulation of these forms in Ukraine, the EU, foreign countries (Germany, Poland) and the relevant analysis of court practice. The author identifies the general (common) features of division and spin-off of economic organisations according to the following criteria: subject composition, purpose, legal form of disaggregation, basis for legal relations; documentation of property transfer, rights and obligations; universal legal succession; and subsidiary liability. The author distinguishes special (distinctive) features of division and spin-off of economic entities according to the following criteria: legal result; legal consequences; and the moment of procedure completion. It is substantiated that it is advisable to regulate the basic concepts and essential characteristics of disaggregation of economic organisations by means of division and spin-off in the Commercial Code of Ukraine or, in the future, in the Economic Code of Ukraine. In this regard, the author provides the wording of the relevant definitions of division and spin-off, which is proposed to be enshrined in parts 4 and 5 of Article 59¹ ‘Termination of an Economic Organization by Reorganisation’. It is found that the analysis of court practice regarding the essence of reorganisation in the form of spin-off shows a difference in approaches, which are fundamentally opposite in nature, when: (1) spin-off is not recognised as a type of termination or reorganisation of a legal entity; (2) spin-off is defined as a form of reorganisation of a legal entity. The author proves that such ambiguity of court practice affects the consideration of a case on the merits, in particular, when changing the subject composition in land lease agreements in the event of a lessee's reorganisation by way of spin-off. The author proposes, taking into account the legislation of foreign countries (Germany and Poland) and EU law, to introduce the following legal forms and constructions into the current legislation of Ukraine: (1) ‘division by acquisition’ (simultaneous use of the forms of division and accession), (2) ‘spin-off by acquisition’ (simultaneous use of the forms of spin-off and accession); (3) ‘separation’ (for JSC, LLC, ALC) - by the formation of a new company and by acquisition.

THE IMPACT OF RECENT LEASING ACTIVITY ON THE FINANCIAL SYSTEM IN THE REPUBLIC OF NORTH MACEDONIA

Leasing is an activity that refers to movable and immovable goods, in which the lessee determines the subject of leasing that is purchased or produced by the lessor and is given to the lessee for use for an agreed period, in exchange for payment of compensation for the use of the subject of leasing, based on the leasing agreement concluded between the provider and the lessee, according to the conditions specified in it. Leasing is an alternative way of financing where it is necessary to emphasize the use of the leased goods, and not the ownership over them (use but not possess), i.e. the philosophy of leasing arises from the idea of profitable use of an investment goods followed by a flexible method of payment that allows investment without the additional engagement of core capital, successful operation and maximum utilization of funds. In addition to the primary financing function that the leasing activity has for the lessee, if he uses the leased goods for business purposes, leasing in that case can also have an investment function. Regulated by the Law on Leasing, leasing activity in the Republic of North Macedonia has a fairly short lifespan, focusing exclusively on financial leasing. Through analysis, synthesis, and statistics, the authors processed the official data of the Ministry of Finance presented by the National Bank in the period mainly of the last decade, which offers a clear picture of the movements of the use of leasing in the country.

More than one way to peel an orange : A fresh approach to building an effective lease administration function

This paper explores the evolving landscape of lease administration, prompted by shifts in labour markets, growing complexities of financial reporting for lease agreements and the emergence of robust lease management technology. Lease administration emerges as a critical business function, with a focus on managing lease data, ensuring accurate rent payments and navigating compliance and landlord relationships, while providing realtime reporting capability for business stakeholders. In addition, lease administrators transition from labour-intensive manual processes to a more analytical and technical approach. Given the altered environment in lease management requirements, tools and skill sets, now is an ideal juncture for companies to assess their current lease administration operating model, and the paper introduces a perfect assessment tool. The Lease Administration Framework, a proactive lease administration management system, highlights strategies and decisions for managing a company’s real estate portfolio while considering the use of in-house teams and outsourced service providers. The paper advocates for a tailored approach to be aligned with organisational needs, while emphasising the importance of evaluating talent, technology and risk tolerance in the decision-making process. By following the framework, corporate real estate (CRE) leaders can ensure financial prudence, gain the agility to allocate resources strategically, invest in growth initiatives and weather economic uncertainties.

Optimization of Methods for Rent Assessment of Land Parcels with the Permitted Use for Improvement

The paper deals with the comprehensive study of calculation methods and the author’s methodology for adjusting the amount of rental payments for land parcels in state ownership with the permitted use for improvement using the case of Irkutsk city. The paper is focused on the urgent problem of compliance with established principles for determination of rent for land parcels, especially the principles of predictability of calculations, prevention of deterioration in the economic condition of land users and support of socially significant activities. A study of domestic and foreign practice has revealed two main problems in calculation of land rent: the adequacy of the cadastral value of land, mainly due to taking into account the maximum number of relevant factors, and the correctness of adjustment factors to this value when determining the rental rate. Using Irkutsk city as an example, the following shortcomings were found in the existing approaches: inaccuracy of the calculations and fixed coefficients and percentages applied to the calculation of rent within the municipality, regardless of the forms of permitted use. Special attention is paid to areas intended for improvement. These areas cannot be classified as investment assets that bring economic benefits. It is proposed to individualize the determination of adjustment factors to the cadastral value, taking into account the cadastral quarter and the type of permitted use. The developed changes comply with the principles for determination of rent enshrined in the legislation of the Russian Federation. The proposed methodological improvements were tested by comparison of actual and estimated rent receipts to the budget of Irkutsk city in 2023. The application of the proposed methodology will prevent the termination of land lease agreements due to unreasonably inflated rent costs, ensuring a balance of public and private interests.

Actual Problems of Execution of Real Estate Lease Agreements

Actual Problems of Execution of Real Estate Lease Agreements

The Social and Political Impact of Breach of Contract in Motor Vehicle Lease Agreements Based on the Indonesian Civil Code

The Social and Political Impact of Breach of Contract in Motor Vehicle Lease Agreements Based on the Indonesian Civil Code

The King’s Decree: Integration of Customary Law and Islamic Law in the Clove Lease Agreement

This study examines the impact of the king’s decree on creation of legal products in Iha Village, Maluku. In Iha, legal products are primarily in the form of village regulations that serve as the foundation for government activities within each village. However, Iha distinguishes itself by utilising the king’s decree. This research employs an empirical juridical approach with a socio-legal perspective, which involves examining the legal realities within society and comparing them with applicable positive law. The study finds that the community views the king’s decree as customary decision that must be adhered to, thereby granting the king absolute, as in a case of authority in the execution of the clove lease agreements. Unlike the other village, Iha follows a different procedure for conduction clove lease agreements, as determined by the king’s decree. In addition, the king’s order is also used as a guiding principle for the preservation of local culture and environmental sustainability through the application of local laws in social cultural, and environment contexts. This research can assist the government in formulating draft laws and regulations pertaining to customary law.

Perceptions of Realtors on Property Information Processing: Basis for a Web-Based Real Estate Property Management System

Managing real estate properties efficiently presented challenges due to the complexity of tasks involved, including tenant communication, maintenance scheduling, and financial tracking. Traditional methods often relied on manual processes, leading to inefficiencies, errors, and delays. Motivated by the need for a streamlined solution, this paper introduced a web-based real estate property management system designed to address these challenges. By employing a descriptive research design and utilizing the mixed methodology approach, the study investigates the challenges faced by realtors in managing property information. It also evaluated the current information management systems of each realtor in handling property listing, sales, leases, and rentals. The research findings revealed that 45% of respondents encounter challenges in property information management, primarily related to inefficient handling of sales information and lease agreements. While 72.7% of respondents use real estate software, shortcomings such as a lack of detailed property information and communication issues underline the need for a comprehensive web-based management system meeting various real estate management needs, as preferred by 90.9% of respondents. The results of the study will be used to propose a web-based real estate property management system for the overall efficiency of real estate operations and revolutionize how real estate assets were managed and optimized in digital age

Practice of Cancellation of Agricultural Land Lease Agreement Unilaterally in Islamic Law in Sejangkung Hamlet Parit Raja Village Sejangkung District

Practice of Cancellation of Agricultural Land Lease Agreement Unilaterally in Islamic Law in Sejangkung Hamlet Parit Raja Village Sejangkung District

Правовая характеристика договора на оказание услуг оперативного управления перевозками порожних вагонов

In this article, the authors provide an analysis of the contractual relationship between the operator under the contract for the management of transportation of empty wagons and operators of rolling stock. The provisions of the current legislation and scientific views on the legal nature of contractual relations for the management of empty wagons are revealed. The conclusion is made about the mixed nature of the relationship: rental relations prevail in combination with service relations. The analysis was carried out on the basis of regulatory documents of JSC "Russian Railways". It is established that the management agreement is an affiliation agreement. It is determined that the relations for managing the transportation of empty wagons represent two groups of interrelated relations: lease — with the managing operator and mutual lease — between the operators of rolling stock. The conclusion is made about the need for the normative establishment of a new legal structure of the contract for the management of empty wagons at the legislative level in the form of a new type of lease agreement complicated by the provision of services.

EFFECT OF DEFINITE POSTPONEMENT OF COMPOSITION ON LEASE AGREEMENTS (ARTICLE 296)

Granting a concordat period to the debtor brings about significant consequences concerning continuous debt relationships, particularly in the context of lease agreements. The main objective of concordat is to prioritize the debtor's interests without harming the creditors. However, in continuous debt relationships such as lease agreements, it is crucial to consider the interests of both parties. Therefore, the legislator attempted to prevent the abuse of termination rights with Article 296 of the Enforcement and Bankruptcy Law while also safeguarding the interests of the counterparty. This study examines the impact of the concordat institution on lease agreements and the balance of interests between lessors and lessees.

Ideas For Estate and Transition Planning: Gift Leaseback

Simply gifting assets helps reduce estate value and potential taxes for the owners and increase the wealth of the heirs. However, some families are hesitant to engage in gifting strategies because the farm or the ranch needs access to those assets to remain viable. This article expands on gifting strategies by combining gifts with a lease agreement.

A sensor-driven operations and maintenance planning approach for large-scale leased manufacturing systems

The rise of mass customisation drives manufacturers to adopt leasing agreements for their machinery rather than outright their ownership. This industrial trend results in large-scale leased manufacturing systems, where the asset conditions and maintenance requirements for a fleet of machines and/or production lines from several manufacturers are continuously monitored and managed by a lessor. In this paper, we propose an operations and maintenance planning model that explicitly models (i) dynamic real-time failure rate predictions for machines based on sensor-driven degradation data, (ii) optimal routes for maintenance teams across a number of geographically-distributed manufacturing sites, and (iii) operational outcomes. The model can handle complex maintenance and operational outcome interdependencies between multiple machines, and incorporate demand for different products, heterogeneous machine capacities and capabilities, factory topology, and the resulting production flow capacities of products. To demonstrate the model’s practicality, it is applied to three experimental case studies with various numbers of machines, operating schedules, product types, and flow capacities. The results show that the proposed model significantly outperforms the traditional reliability-based maintenance model in key metrics such as the number of unexpected failures, the cost of preventive maintenance actions, machine downtime, the percentage of unsatisfied demand, and total cost.

SHORTCOMINGS IN THE CIVIL LAW REGULATION OF NON-RESIDENTIAL REAL ESTATE RENTAL RELATIONS

The purpose of the research. This article examines the key shortcomings in the existing civil law regulation of rental relations of non-residential real estate in the Russian Federation. Results. The authors have identified such gaps as the intersection of features of several types of lease agreements, the lack of a specific criterion for the implementation of the typology of the lease agreement, the unsettled nature of the preliminary lease agreement, etc. As a solution to a number of problems, various solutions are proposed, including making changes to individual articles of the Civil Code of the Russian Federation, as well as proposals for the use of specific norms in a number of situations that are contradictory from the side of legislation.

The Rationality Of The Judge's Decision States That Good Faith Is The Basis For Canceling The Lease Agreement For Land And Buildings Under His Control

In general, when people make written agreements regarding the rental of land and house buildings, they are usually made privately, some of which are notarized (Notarial Deeds), some parties choose to make written agreements regarding the rental of land and house buildings. made by hand with sufficient stamp duty. One example of the Supreme Court Decision Number 1078 K/Pdt/2021, the basis of the lawsuit filed by the Plaintiff is Bad Faith committed by the owner of the rental object in the lease extension agreement for the land and building under his control, then the actions or actions of the owner of the leased object can be categorized as an act of breach of contract or breach of contract. This research aims to find out whether there is a rational basis for the judge's decision which states good faith as a basis for canceling land and building lease agreements based on Supreme Court Decision Number 1078 K/Pdt/2021. This research method uses normative juridical research using a case approach. The analysis technique used is the syllogism method and interpretation using deductive thinking patterns. The results of the research and discussion can be concluded that legal rationality is needed by judges in carrying out their considerations in order to determine decisions that contain the values ​​of justice and the law that applies in Indonesia. This does not only apply to one type of legal rationality but also applies to other types. The use of this type of legal rationality requires looking at the relationship between facts, norms, morals and doctrine in considering the judge's decision. The issue of default used in the main issue in the decision becomes a boomerang for the tenant, in this case the tenant, because there is no legal force in the rental agreement signed by the tenant with the renting party. Different conditions will occur if the rental agreement is made before a notary and explains that they have entered into an agreement and asks the Notary to make a deed, then this deed is a deed made before a Notary (Notarial Deed). So in this case, the parties to the agreement have legal certainty and are therefore legally protected, so that if a dispute occurs in the implementation of the agreement, the judge with his decision can force the violating party to carry out its rights and obligations according to the agreement.

The content of teaching law students to compile international legal documents during the integrated course

Importance. The integrated approach (subject-language integrated learning) creates methodological conditions for the formation of students in non-linguistic areas of training within the framework of an integrated course of two types of competencies simultaneously: foreign language communicative competence and professional competencies. The content of teaching foreign-language oral and written speech to law students is traditionally focused on Russian legislation. At the same time, graduates of the state legal profile in the course of their professional activities face the need to compile international legal documents. However, the selection of the content of teaching law students to compile international legal documents during the integrated course in a professional foreign language is not the subject of a separate study. In this regard, the purpose of the study is to select the content of teaching law students to compile international legal documents.Research Methods. The research is conducted on the basis of studying and summarizing materials of methodological works on the use of a foreign language for special purposes and subject-language integrated learning in teaching students of the field of Law, published in scientific journals of the Higher Attestation Commission of the Russian Federation’s list (K1, K2), as well as other scientific sources: monographs and textbooks on legal English.Results and Discussion. The content of teaching law students to compile international legal documents has been developed, including: a) claims and complaints to international organizations; b) bilateral agreements between two states; c) cooperation agreements between a state body of the Russian Federation and a state body of a foreign state; d) statements of claim, claims and petitions in protecting the interests of an organization (or public legal entities) in foreign courts; e) agreements on cooperation between domestic and foreign legal entities; f) purchase and sale and lease agreements with non-residents of foreign countries; g) import contracts.Conclusions. The relevance of the research lies in the content selection of teaching law students to compile international legal documents. The results obtained can be used in the development of curricula and educational materials for an integrated course for law students.

The Legal Nature of the Lease Purchase Agreement: Issues of Application of the Loan Structure and Judicial Interpretation

The essential-substantive approach to the subinstitute of the lease purchase in civil law is to study the essence of this lease agreement through its features and essential conditions. The essence of the first order is the specifics of the lease agreement itself, and the essence of the second order is the consideration of lease purchase as a substitute. This methodological approach makes it possible to determine the place of the contract in question in civil circulation. It is argued that the study of the lease purchase agreement through its essence is the most effective method of studying a lease agreement in the system of civil law contracts. Using the example of judicial practice, the features of the leasing agreement and the reasons for its unpopularity in Russia are revealed. It has been established that judicial practice follows the path of equating leasing with credit and loan relations. This position of the courts is disputed by the authors. Legal relations under loam and leasing are distinguished, which, according to the authors, will avoid judicial errors in determining the legal nature of the lease purchase. It is proved that the lease purchase is a type of lease agreement, and not a loan or loan agreement. In a loan agreement, the borrower always becomes the owner of the subject of the agreement, and in a leasing agreement, the title of the owner of the property remains with the lessor until the end of the agreement. It is proved that the application of the interpretation of contra legem has a negative impact on the development of contract law, in particular leasing legal relations.