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2462 Uppsatser om (5-7 in English) court cases - Sida 8 av 165

Rättsmedel för överträdelser av rätt till en rättvis rättegång i artikel 6 Europakonventionen

The purpose of this degree project was to examine which remedies are available to individuals when the State has violated their right to a fair trial as stated in article 6 in the European Convention on Human Rights. Furthermore, the aim was to, in cases where the remedy is determined to money, to clarify the indemnity rates that apply in determining the non-pecuniary damages. The starting point was a review of the European Court practice, domestic Swedish practice and relevant literature.The outcome of the review is that the remedies available to the individual?s disposal can be divided into two categories: primary and secondary remedies. Primary remedies mean compensation not consisting of money, and must be exhausted first.

Barnets bästa i fokus? : En studie av tingsrättens domar i vårdnadstvister

The purpose of this law-sociological study was to, on the basis of the District Court's decree to single custody, analyze the District Court?s comprehensive ideas and fall-oriented interpretations of the concept of the best interest of the child and the way they are constructed in connection with the District Court's application of the new law regulation of 6kap. 5§ FB regarding collaboration between parents. Our empirical data consisted of ten decrees to single custody. The decrees were examined and analyzed on the basis of social constructionism as a theory and the idea-analysis as the study's method.

UNIDROIT Principles, PECL och DCFR i svensk rättspraxis

International Contract Law presently offers three sets of principles: the UNIDROIT Principles of International Commercial Contracts (the UNIDROIT Principles), the Principles of European Contract Law (the PECL) and the Draft Common Frame of Reference (the DCFR). These sets of principles contain general principles which are intended to serve as model rules. The three sets of principles have been published, but they have not been adopted. The UNIDROIT Principles and the PECL are not meant to be adopted either. There are different opinions as to whether the sets of principles can be considered to be a source of legal status at all.The sets of principles have been referred to in Swedish law.

"Det går inte att lita på föräldrarna" : Hur skildras omsorgsbristande föräldrar i LVU-rättsfall?

The aim of this study was to, with a social constructivistic approach, examine how parents,regarded as neglecting their children, are depicted in 12 LVU-legal cases from the Supreme Administrative Court in Sweden. By using a document analysis influenced by discourse analytical tools, we found that there are repeated descriptions of the parents, which constructs an image of parents as shortcoming in the care of their children. The categories lack of emotions, mental disorder, substance abuse and physical maltreatment were the main reasons for child neglect that the parents were described from. Attitudes towards authority, aggression and immaturity, lack of insight, and deficiencies in the home were repeated in the description of the parent. We further found that mothers were regarded as more responsible of the children compared to fathers.

Aspekter på flyttkostnader, fastighetsbildning och fastighetstorlekar :

This master thesis has three purposes. The first purpose is to give a theoretical background of how to divide up forest estates and to study how the legal system for these matters works. A literature study has been carried out to give the background and a theoretical model has been made for analysing the law cases. The first purpose also partly touched the decision process in dividing up forest estates from point of view of the law of land parcelling (FBL), point of view. The second purpose is to examine effects of a change of production requirements in 3 cap.7 § FBL as regards dividing up forest estates of private forest owners.

Nesligt våld mot kvinna : En undersökning kring synen på kvinnor som blivit våldtagna i Karlstad perioden år 1900-1943

The purpose of this paper is to examine the early 1900s approach to women who have been raped in Karlstad and how you looked at rape during this period. I have used criminal case files from the Karlstad criminal police to examine. The actual study is set up in that way that I have tried to answer my questions through case studies that have been categorized in three type?s perpetrators and three types of victims. The three types of offenders who I am using are the "the naughty young man," "the violent worker" and "the drunken man".

Etableringsfriheten för bolag i den europeiska gemenskapen

This thesis analyses the scope of the treaty articles 43 and 48 concerning the freedom of establishment of companies. The interpretations of these articles made by the Commission and the European Court of Justice are analysed to see whether they are consistent. The analysis encompasses the provisions and directives in the field of EC Company Law as well as the essential case law from the ECJ regarding these issues. The conclusion that must be drawn from this thesis is that the Court of Justice adds the momentum in these issues whilst the Commission is held up by political considerations..

Skönhetsvård : -En tjänst som hamnar utanför konsumenttjänstlagen ?

AbstractThis essay is about what rights that a consumer has, after it?s been to a beauty-shop getting a treatment somewhere on her body. We were interested to see what kind of regulations that could be useful if a problem occurred after or during treatment. There are several risks with these treatments.The last decade these kinds of treatments have increased, due to people being vain and so aware about there looks. We started to investigate what type of rights the consumer generally has when it?s about a service.

Vitesklausuler : En begränsning av ersättningsansvaret

Penalty clauses is a term that can be put in an agreement and is an amount that shall be paid by a part of the agreement if they cause any damage to the other part by breaking the agreement. Penalty clauses have since around 100 years ago had a quite clear meaning in Sweden according to a lot of authors. These authors have the opinion that penalty clauses is an exclusive judgment of the compensation the victim has right to, that means that if the parties have put a lower amount in the clause the victim won?t get full coverage for the damages caused by the other party. That the penalty clause is an exclusive judgment of the victims right to compensation means that the victim doesn?t have the right to request other compensation above the compensation in the clause if nothing else is stated in the clause.A penalty clause may be viewed as a complement to compensation you get according to The Tort Liability Act (1972:206) where it is often difficult to obtain full compensation for damages when it is required that a number of conditions are to be met for damages deleted.

Kameraövervakning : En juridisk analys

Camera surveillance can provide good protection against certain types of crime, but it can also invade our privacy. The County Administrative Board monitors compliance with the rules by visiting those places to which the general public has access. They have to issue permits before general camera surveillance to those places which the general public has access. In certain cases, in stores for example, general camera surveillance is permitted only if the Country Administrative Board is notified in advance. The Data Inspection Board is a public authority and responsible for the camera surveillance for those places to which the public not has access.

Elevinflytande i engelskundervisningen på gymnasiet : En jämförande studie mellan årskurs 1 och 2

The aim of this study is to investigate the notion of pupil influence in English teaching at level 1 and 2 at High-School level. The study focuses on how the students and teachers experience the possibility of influence in their English classes. Empirical data has been collected through questionnaires from two classes at year 1 and two classes at year 2 in English. The study also includes interviews from four teachers and four students. The study is both qualitative and quantitative.

Engelska lånord i svenskan - Tendenser i ungdomars bruk av engelska lånord

The content of this essay examines high school students? tendencies when it comes to English word use in the Swedish language. 92 students in the first and second grade were handed an inquiry for them fill out. The results and the following discussion are based on the answers? from this inquiry.

Arbetsgivares primära förhandlingsskyldighet enligt 11 § medbestämmandelagen

The employer is obligated to call for negotiation on his own initiative, before he makes decisions in questions, which constitute important changes of the employer?s business or of the worker?s working conditions and terms of employment. The obligation to negotiate is reserved to the organisations, which the employer has collective agreements with. But what does the concept of important changes mean? What areas are included in the concept of important changes, according to legal framework and case law? How extensive is in fact the employer?s obligation to negotiate? The purpose of this report has been to seek answers to the above-mentioned questions, through partly describing how the employer?s obligation to negotiate has developed, and partly describing how the codes of negotiations in the Employment (Co-Determination in the Workplace) Act of 1976 are raised and applied.

Lojalitetsplikt och yttrandefrihet i sociala medier

The purpose of this thesis is to investigate the employees´ duty of loyalty to their employer when making statements on social media networks and if this opposes the employees´ right to freedom of speech. Another purpose of this thesis is to investigate freedom of speech from an EU juridical point of view. Also a discussion concerning gender issues on this subject takes place is presented in the thesis. The questions to answer the purpose of this thesis are the following: Where is the line drawn for what an employee can publish on a social media network without breaching their duty of loyalty towards their employer?, and How does an employee´s freedom of speech relate to these types of statements on a social media network? The method used for this thesis is the classical legal method.The legal inquiry shows that duty of loyalty is a hidden clause in all employment contracts, and it must be respected by the employee.

Margin of Appreciation : en kulturrelativistisk doktrin?

With the collapse of the Soviet Union and the 9/11 attacks, the landscape of the freedom of religion has changed. The issues now facing freedom of religion varies greatly from the issues that the drafters of the universal declaration of human rights faced after World War II.In the light of the new issues that States face in the intersection of religion and societal interest, scholars have criticized the European Court of Human Rights to give too much leeway to the States in determining how the human rights should be implemented, by using the doctrine of margin of appreciation. Critics of the margin of appreciation claim that it is based on culture relativism and that the doctrine undermines the universality of the human rights. In order to decide if the margin of appreciation has indeed led to a relativization of the human rights I compared it to the jurisprudence of the UN Human Rights Committee and its use of the Syracusa principles. My conclusion is that the jurisprudence of the European Court of Human Rights cannot be considered to be based on culture relativism.

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