1. Flexicurity in tenancy relations TENLAW 5th meeting Tartu, 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 18.10.2014Ave Hussar/ Prof. Irene Kull 2

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? 14.12.2013Comparative and historical method in legal research 3

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 14.12.2013Comparative and historical method in legal research 4

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“!) 14.12.2013Comparative and historical method in legal research 5

6. Dilemmas Position of the tenant or the landlord? –synallagmatic elements of flexicurity –3 rd 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!) 2.2013Comparative and historical method in legal research 6

7. Result? Possibly several different flexicurity models for different market profiles 18.10.2014Ave Hussar/ Prof. Irene Kull 7

8. Thank you! 14.12.2013Comparative and historical method in legal research 8