Rosa Maria Garcia-Teruel | Universitat de Barcelona (original) (raw)

Papers by Rosa Maria Garcia-Teruel

Revista Catalana de Dret Privat, 2023

L’Avantprojecte de Llei d’incorporació de l’arrendament de béns al llibre sisè del Codi civil de ... more L’Avantprojecte de Llei d’incorporació de l’arrendament de béns al llibre sisè del Codi civil de Catalunya preveu a l’art. 623-64 la possibilitat de pactar la substitució de la renda, en un contracte d’arrendament d’habitatge, per obres de reparació, manteniment o millora de l’habitatge. Si entra en vigor, el pacte de substitució de renda coexistirà amb la regulació de la masoveria urbana de la Llei 18/2007, pel dret a l’habitatge, i amb l’art. 17.5 de la Llei d’Arrendaments Urbans (LAU). Aquesta contribució té per objectiu l’anàlisi del pacte de substitució de renda, tot veient si persisteixen les problemàtiques conceptuals i d’aplicació pràctica que ja es presentaren amb l’art. 17.5 LAU i proposant-ne millores.

Journal of European Consumer and Market Law, 2024

Journal of Property, Planning and Environmental Law, 2023

Purpose The Recast Energy Efficiency Directive 2023 has defined the concept of “split incentive,... more Purpose
The Recast Energy Efficiency Directive 2023 has defined the concept of “split incentive,” also known as “tenant-owner dilemma.” This dilemma refers to the situation where neither landlords nor tenants have incentives to invest in energy efficiency upgrades. Although the Energy Efficiency Directive calls Member States to overcome legal barriers to remove split incentives and to encourage retrofits, the list of possible measures is too vague. This paper aims to discuss tenancy law measures designed to increase the energy efficiency of residential housing and to detect which Member States have already addressed this phenomenon.

Design/methodology/approach
This paper analyses, from a civil legal perspective, the possible private law barriers arising from the tenant-owner dilemma when performing energy efficiency works in selected countries and proposes legal reforms in tenancy law and related policies to overcome them. To do so, this paper follows a legal-dogmatic and comparative law methodology.

Findings
This paper concludes that some tenancy law provisions, such as the possibility to increase the rent after energy efficiency renovations and long-term leases, may challenge the tenant-owner dilemma in private rented markets, thus promoting renovations and retrofitting for energy efficiency purposes. It also proposes other policies intended to increase parties’ willingness to undertake works.

Research limitations/implications
More research on the economic and legal efficiency to regulate some of the civil law measures to challenge the tenant-owner dilemma should be necessary.

Practical implications
The civil law measures included in this paper may help national policymakers meet the energy efficiency targets, according to what is established in the Recast Energy Efficiency Directive 2023.

Originality/value
Based on the economic theory of the tenant-owner dilemma, this paper investigates the elements of tenancy law that may contribute to less energy-efficient homes, proposing policies for those countries interested in addressing the energy-efficiency challenge from a private law point of view.

Las relaciones patrimoniales entre cónyuges y parejas convivientes en los derechos civiles autonómicos .

A collaborative economy emerged after the 2007 global financial crisis and allowed a better alloc... more A collaborative economy emerged after the 2007 global financial crisis and allowed a better allocation of resources that were traditionally underused. In Spain, however, the real impact of a collaborative economy has been discussed since some peer-to-peer platforms are considered to increase rental prices or to promote more precarious employment relationships. This debate led to enact of selected sectoral pieces of legislation, but there is still a lack of a unified concept and legislation on the collaborative economy. Despite these challenges, a collaborative economy has been useful to help people in the COVID-19 crisis, thanks to the creation of informal solidarity networks in neighbourhoods. Future research should discuss the new role of collaborative economy post-COVID-19 in a context of less tourism and social distancing.<br>

Review of European and Comparative Law, 2021

Forced heirship is considered a limit on the freedom of will of the deceased in favour of interge... more Forced heirship is considered a limit on the freedom of will of the deceased in favour of intergenerational solidarity. It involves that some relatives, usually descendants, have the right to claim a share of the deceased’s assets or estate. Although recognized in most EU jurisdictions, authors discuss about the need to regulate this institution taking into account new family models and societal changes. In fact, this debate has been intensified due to the COVID-19 pandemic, which showed that several elders died alone in nursing homes without family support, and part of their assets shall be reserved to their relatives. This paper analyses the legal framework of forced heirship in Spain and examines to which extent it is possible to exclude this right due to a lack of personal relationship with the beneficiaries in view of comparative models.

Computer Law & Security Review, 2019

Abstract In the context of a financial and housing crisis, accompanied by credit constraints, a n... more Abstract In the context of a financial and housing crisis, accompanied by credit constraints, a new alternative has recently emerged for those wanting to invest in real estate markets: real estate crowdfunding. Crowdfunding, which was originally intended to fund social projects through donations or loans from a large pool of individuals via Internet platforms, has developed into a more sophisticated method of financing. This is the case of real estate crowdfunding, a type of equity crowdfunding that aims to make housing investment available to retail investors, although several hazards have been detected that make these investments less secure. This paper addresses these hazards, analyses the information provided by five Spanish crowdfunding platforms to retail investors and determines whether or not real estate crowdfunding platforms in Spain, as a sharing economy mechanism, are making a contribution to the development of the housing market.

Journal of Property, Planning and Environmental Law, 2020

Purpose Blockchain, which was originally created to enable peer-to-peer digital payment systems (... more Purpose Blockchain, which was originally created to enable peer-to-peer digital payment systems (bitcoin), is considered to have several benefits for different sectors, such as the real estate one. In a standard European-wide real estate transaction, several intermediaries are involved. As a consequence, these agreements are usually time-consuming and involve extra difficulties to cross-border operations. As blockchain, combined with smart contracts, may have an important role in these transactions, this paper aims to explore its prospective challenges, limitations and opportunities in the real estate sector and discover how the traditional intermediaries have to face a possible implementation of this technology. Design/methodology/approach This paper analyses the current intermediaries in the real estate sector in European Union (EU), their functions and how can blockchain strengthen the security of these transactions while reducing their time. The author uses a legal methodology t...

Computer Law & Security Review

Computer Law & Security Review

Computer Law & Security Review

Journal of Property, Planning and Environmental Law

International Journal of Law in the Built Environment

Purpose The global economic crisis and the housing bubble meltdown have had a significant impact ... more Purpose The global economic crisis and the housing bubble meltdown have had a significant impact on the Spanish property market. As a result, the homeownership–tenancy dichotomy has become a matter of discussion, and efforts are made to discover formulas that provide affordable, stable and flexible housing access. Taking this background into account, the Catalan lawmaker has implemented the so-called “intermediate tenures” (temporal ownership and shared ownership) into the Catalan Civil Code, which are conceived as a middle ground between ownership and renting. This paper aims to explores how these “intermediate tenures” work. Design/methodology/approach These tenures are conceived as a middle ground between ownership and renting and may be used for a variety of purposes. As the Catalan lawmaker has fragmented the right of ownership on the basis of English law, which is a great breakthrough regarding the long-standing conception of the right of ownership in continental legal systems...

Journal of Property, Planning and Environmental Law, 2020

Blockchain, which was originally created to enable peer-to-peer digital payment systems (bitcoin)... more Blockchain, which was originally created to enable peer-to-peer digital payment systems (bitcoin), is considered to have several benefits for different sectors, such as the real estate one. In a standard European-wide real estate transaction, several intermediaries are involved. As a consequence, these agreements are usually time-consuming and involve extra difficulties to cross-border operations. As blockchain, combined with smart contracts, may have an important role in these transactions, this paper aims to explore its prospective challenges, limitations and opportunities in the real estate sector and discover how the traditional intermediaries have to face a possible implementation of this technology.

Design/methodology/approach-This paper analyses the current intermediaries in the real estate sector in European Union (EU), their functions and how can blockchain strengthen the security of these transactions while reducing their time. The author uses a legal methodology to approach it. Findings-Blockchain, combined with smart contracts, has both challenges and opportunities for the real estate sector. On the one hand, it may improve procedures, allow EU transactions and the interconnection between public administration. However, to not reduce parties rights, this blockchain should have some special features, such as the possibility of being amended.

Originality/value-This paper provides a valuable overview of all the intermediaries that could be affected by blockchain protocols. It is of interest of blockchain developers, public administrations and researchers who are working on blockchain and property conveyancing.

Abstract In the context of a financial and housing crisis, accompanied by credit constraints, a n... more Abstract
In the context of a financial and housing crisis, accompanied by credit constraints, a new alternative has recently emerged for those wanting to invest in real estate markets: real estate crowdfunding. Crowdfunding, which was originally intended to fund social projects through donations or loans from a large pool of individuals via Internet platforms, has developed into a more sophisticated method of financing. This is the case of real estate crowdfunding, a type of equity crowdfunding that aims to make housing investment available to retail investors, although several hazards have been detected that make these investments less secure. This paper addresses these hazards, analyses the information provided by five Spanish crowdfunding platforms to retail investors and determines whether or not real estate crowdfunding platforms in Spain, as a sharing economy mechanism, are making a contribution to the development of the housing market.

La sociedad actual está tratando de dar respuestas a la necesidad de vivienda en un contexto de d... more La sociedad actual está tratando de dar respuestas a la necesidad de vivienda en un contexto de difícil acceso a ella por amplias capas sociales. No se trata solo de una falta de recursos en el acceso, sino de abrir la posibilidad a nuevas formas de tenencia que faciliten la residencialidad y el intercambio basado no exclusivamente en relaciones mercantiles de primer orden. Para ello es necesario un cambio de mentalidad tanto en las instituciones públicas como en las entidades privadas y en relación con la idea que los individuos tienen sobre la vivienda.

Revista Catalana de Dret Privat, 2023

L’Avantprojecte de Llei d’incorporació de l’arrendament de béns al llibre sisè del Codi civil de ... more L’Avantprojecte de Llei d’incorporació de l’arrendament de béns al llibre sisè del Codi civil de Catalunya preveu a l’art. 623-64 la possibilitat de pactar la substitució de la renda, en un contracte d’arrendament d’habitatge, per obres de reparació, manteniment o millora de l’habitatge. Si entra en vigor, el pacte de substitució de renda coexistirà amb la regulació de la masoveria urbana de la Llei 18/2007, pel dret a l’habitatge, i amb l’art. 17.5 de la Llei d’Arrendaments Urbans (LAU). Aquesta contribució té per objectiu l’anàlisi del pacte de substitució de renda, tot veient si persisteixen les problemàtiques conceptuals i d’aplicació pràctica que ja es presentaren amb l’art. 17.5 LAU i proposant-ne millores.

Journal of European Consumer and Market Law, 2024

Journal of Property, Planning and Environmental Law, 2023

Purpose The Recast Energy Efficiency Directive 2023 has defined the concept of “split incentive,... more Purpose
The Recast Energy Efficiency Directive 2023 has defined the concept of “split incentive,” also known as “tenant-owner dilemma.” This dilemma refers to the situation where neither landlords nor tenants have incentives to invest in energy efficiency upgrades. Although the Energy Efficiency Directive calls Member States to overcome legal barriers to remove split incentives and to encourage retrofits, the list of possible measures is too vague. This paper aims to discuss tenancy law measures designed to increase the energy efficiency of residential housing and to detect which Member States have already addressed this phenomenon.

Design/methodology/approach
This paper analyses, from a civil legal perspective, the possible private law barriers arising from the tenant-owner dilemma when performing energy efficiency works in selected countries and proposes legal reforms in tenancy law and related policies to overcome them. To do so, this paper follows a legal-dogmatic and comparative law methodology.

Findings
This paper concludes that some tenancy law provisions, such as the possibility to increase the rent after energy efficiency renovations and long-term leases, may challenge the tenant-owner dilemma in private rented markets, thus promoting renovations and retrofitting for energy efficiency purposes. It also proposes other policies intended to increase parties’ willingness to undertake works.

Research limitations/implications
More research on the economic and legal efficiency to regulate some of the civil law measures to challenge the tenant-owner dilemma should be necessary.

Practical implications
The civil law measures included in this paper may help national policymakers meet the energy efficiency targets, according to what is established in the Recast Energy Efficiency Directive 2023.

Originality/value
Based on the economic theory of the tenant-owner dilemma, this paper investigates the elements of tenancy law that may contribute to less energy-efficient homes, proposing policies for those countries interested in addressing the energy-efficiency challenge from a private law point of view.

Las relaciones patrimoniales entre cónyuges y parejas convivientes en los derechos civiles autonómicos .

A collaborative economy emerged after the 2007 global financial crisis and allowed a better alloc... more A collaborative economy emerged after the 2007 global financial crisis and allowed a better allocation of resources that were traditionally underused. In Spain, however, the real impact of a collaborative economy has been discussed since some peer-to-peer platforms are considered to increase rental prices or to promote more precarious employment relationships. This debate led to enact of selected sectoral pieces of legislation, but there is still a lack of a unified concept and legislation on the collaborative economy. Despite these challenges, a collaborative economy has been useful to help people in the COVID-19 crisis, thanks to the creation of informal solidarity networks in neighbourhoods. Future research should discuss the new role of collaborative economy post-COVID-19 in a context of less tourism and social distancing.<br>

Review of European and Comparative Law, 2021

Forced heirship is considered a limit on the freedom of will of the deceased in favour of interge... more Forced heirship is considered a limit on the freedom of will of the deceased in favour of intergenerational solidarity. It involves that some relatives, usually descendants, have the right to claim a share of the deceased’s assets or estate. Although recognized in most EU jurisdictions, authors discuss about the need to regulate this institution taking into account new family models and societal changes. In fact, this debate has been intensified due to the COVID-19 pandemic, which showed that several elders died alone in nursing homes without family support, and part of their assets shall be reserved to their relatives. This paper analyses the legal framework of forced heirship in Spain and examines to which extent it is possible to exclude this right due to a lack of personal relationship with the beneficiaries in view of comparative models.

Computer Law & Security Review, 2019

Abstract In the context of a financial and housing crisis, accompanied by credit constraints, a n... more Abstract In the context of a financial and housing crisis, accompanied by credit constraints, a new alternative has recently emerged for those wanting to invest in real estate markets: real estate crowdfunding. Crowdfunding, which was originally intended to fund social projects through donations or loans from a large pool of individuals via Internet platforms, has developed into a more sophisticated method of financing. This is the case of real estate crowdfunding, a type of equity crowdfunding that aims to make housing investment available to retail investors, although several hazards have been detected that make these investments less secure. This paper addresses these hazards, analyses the information provided by five Spanish crowdfunding platforms to retail investors and determines whether or not real estate crowdfunding platforms in Spain, as a sharing economy mechanism, are making a contribution to the development of the housing market.

Journal of Property, Planning and Environmental Law, 2020

Purpose Blockchain, which was originally created to enable peer-to-peer digital payment systems (... more Purpose Blockchain, which was originally created to enable peer-to-peer digital payment systems (bitcoin), is considered to have several benefits for different sectors, such as the real estate one. In a standard European-wide real estate transaction, several intermediaries are involved. As a consequence, these agreements are usually time-consuming and involve extra difficulties to cross-border operations. As blockchain, combined with smart contracts, may have an important role in these transactions, this paper aims to explore its prospective challenges, limitations and opportunities in the real estate sector and discover how the traditional intermediaries have to face a possible implementation of this technology. Design/methodology/approach This paper analyses the current intermediaries in the real estate sector in European Union (EU), their functions and how can blockchain strengthen the security of these transactions while reducing their time. The author uses a legal methodology t...

Computer Law & Security Review

Computer Law & Security Review

Computer Law & Security Review

Journal of Property, Planning and Environmental Law

International Journal of Law in the Built Environment

Purpose The global economic crisis and the housing bubble meltdown have had a significant impact ... more Purpose The global economic crisis and the housing bubble meltdown have had a significant impact on the Spanish property market. As a result, the homeownership–tenancy dichotomy has become a matter of discussion, and efforts are made to discover formulas that provide affordable, stable and flexible housing access. Taking this background into account, the Catalan lawmaker has implemented the so-called “intermediate tenures” (temporal ownership and shared ownership) into the Catalan Civil Code, which are conceived as a middle ground between ownership and renting. This paper aims to explores how these “intermediate tenures” work. Design/methodology/approach These tenures are conceived as a middle ground between ownership and renting and may be used for a variety of purposes. As the Catalan lawmaker has fragmented the right of ownership on the basis of English law, which is a great breakthrough regarding the long-standing conception of the right of ownership in continental legal systems...

Journal of Property, Planning and Environmental Law, 2020

Blockchain, which was originally created to enable peer-to-peer digital payment systems (bitcoin)... more Blockchain, which was originally created to enable peer-to-peer digital payment systems (bitcoin), is considered to have several benefits for different sectors, such as the real estate one. In a standard European-wide real estate transaction, several intermediaries are involved. As a consequence, these agreements are usually time-consuming and involve extra difficulties to cross-border operations. As blockchain, combined with smart contracts, may have an important role in these transactions, this paper aims to explore its prospective challenges, limitations and opportunities in the real estate sector and discover how the traditional intermediaries have to face a possible implementation of this technology.

Design/methodology/approach-This paper analyses the current intermediaries in the real estate sector in European Union (EU), their functions and how can blockchain strengthen the security of these transactions while reducing their time. The author uses a legal methodology to approach it. Findings-Blockchain, combined with smart contracts, has both challenges and opportunities for the real estate sector. On the one hand, it may improve procedures, allow EU transactions and the interconnection between public administration. However, to not reduce parties rights, this blockchain should have some special features, such as the possibility of being amended.

Originality/value-This paper provides a valuable overview of all the intermediaries that could be affected by blockchain protocols. It is of interest of blockchain developers, public administrations and researchers who are working on blockchain and property conveyancing.

Abstract In the context of a financial and housing crisis, accompanied by credit constraints, a n... more Abstract
In the context of a financial and housing crisis, accompanied by credit constraints, a new alternative has recently emerged for those wanting to invest in real estate markets: real estate crowdfunding. Crowdfunding, which was originally intended to fund social projects through donations or loans from a large pool of individuals via Internet platforms, has developed into a more sophisticated method of financing. This is the case of real estate crowdfunding, a type of equity crowdfunding that aims to make housing investment available to retail investors, although several hazards have been detected that make these investments less secure. This paper addresses these hazards, analyses the information provided by five Spanish crowdfunding platforms to retail investors and determines whether or not real estate crowdfunding platforms in Spain, as a sharing economy mechanism, are making a contribution to the development of the housing market.

La sociedad actual está tratando de dar respuestas a la necesidad de vivienda en un contexto de d... more La sociedad actual está tratando de dar respuestas a la necesidad de vivienda en un contexto de difícil acceso a ella por amplias capas sociales. No se trata solo de una falta de recursos en el acceso, sino de abrir la posibilidad a nuevas formas de tenencia que faciliten la residencialidad y el intercambio basado no exclusivamente en relaciones mercantiles de primer orden. Para ello es necesario un cambio de mentalidad tanto en las instituciones públicas como en las entidades privadas y en relación con la idea que los individuos tienen sobre la vivienda.

Maak-Scherpe, A. Vansweevelt, T. and Weyts, B. Compensation Funds in Comparative Perspective, 2020

EL DERECHO ANTE LA TRANSFORMACIÓN DIGITAL OPORTUNIDADES, RIESGOS Y GARANTÍAS, 2019

NEW DEVELOPMENTS IN SOUTHERN EUROPEAN HOUSING, 2018