PhD ceremony Mr. F.J. Vonck: De flexibiliteit van het recht van erfpacht

PhD ceremony: Mr. F.J. Vonck, 16.15 uur, Academiegebouw, Broerstraat 5, Groningen

Dissertation: De flexibiliteit van het recht van erfpacht

Promotor(s): prof. L.C.A. Verstappen, prof. A.A. van Velten

Faculty: Law

Until a few decades ago, the right of leasehold was a popular tool among various governments. That has changed. Of all the municipalities that were accustomed to use this figure, only Amsterdam is now referred to as a ‘real’ leasehold municipality. Nowadays, in particular others have discovered the potential of this right. Investors for example use leasehold as a vehicle for a (tax) attractive form of sale and lease back. Housing companies make use of the right of leasehold in order to enable their target group to acquire a home at a relatively low price. Nature conservation organisations are able to retain influence over the sustainable use of land and to ensure themselves from a more or less constant flow of funds. Governments use the right of leasehold merely in special cases, such as in areas where short term development is needed.

In each case, the leasehold conditions are specifically tailored to the function that the legal concept fulfils in the situation concerned. Leasehold is therefore a user right that is established with differing objectives and under widely differing conditions. However, the legal possibilities to regulate the use of land and its financing through leasehold are not unlimited. This thesis maps these boundaries.