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1501 Uppsatser om Administrative court - Sida 9 av 101
Pantsättning och överlåtelse av bostadsrätt : En utredning kring brister, problem och lösningar
One fundamental principle in Swedish contract law is that passive acceptance does not constitute a binding acceptance of an offer. Still, business owners use the consumers unknowing of this, and form offers saying passivity will lead to a binding agreement. Business owners are thus trying to ?negatively bind? the consumer to agreements. There are rules prohibiting this kind of actions in the Swedish marketing law (MFL).In order to find out what constitutes this forbidden kind of agreement-entering according to the Swedish Market Court, an analysis of seven cases settled between 2002-2009 and concerning consumers in these situations, is made.
BARNETS BERÄTTELSE I RÄTTSPROCESSEN : berättelsens struktur och värdering
Children who are exposed to crime are a delicate issue. The purpose of this study was to describe and analyze children's narratives in the juridical process. Our primary questions focused on how adults could help children to express their experiences and what kind of elements imposed the narrative. How is the narrative structured? How does the court evaluate children's testimonies? What increases the credibility of a child's testimony? Our theoretical standpoints are derived from: the narrative perspective, theory of communication, and theory of evaluation.
Val och byte av företagsform : En studie gällande skatternas roll vid val av företagsform samt de skattemässiga konsekvenserna vid ombildning av företag
In today?s society it is not uncommon for people to move across borders. We are more likely to work and study in other countries, initiate cross-border relationships, acquire property in other states and change our residence. Therefore it is not uncommon for a per-son to leave inheritance in several states. The laws of succession differ between countries which creates an uncertainty among the devisors when planning their successions.
Negativ avtalsbindning : i svensk marknadsrättslig praxis
One fundamental principle in Swedish contract law is that passive acceptance does not constitute a binding acceptance of an offer. Still, business owners use the consumers unknowing of this, and form offers saying passivity will lead to a binding agreement. Business owners are thus trying to ?negatively bind? the consumer to agreements. There are rules prohibiting this kind of actions in the Swedish marketing law (MFL).In order to find out what constitutes this forbidden kind of agreement-entering according to the Swedish Market Court, an analysis of seven cases settled between 2002-2009 and concerning consumers in these situations, is made.
Anställdas förvärv av värdepapper : Beskattningstidpunkten när förvärvet är förenat med förfoganderättsinskränkningar
It has become increasingly simple for companies to offer its employees shares in the form of incentive or option plans to acquire. Companies motivate incentive plans with employee buy-outs that it will lead to higher involvement of work. The offers are often associated with disposal restrictions to the employee such as not immediately dispose of shares or that the employees will have to remain of employment within a certain timeframe. The problems with disposal restrictions are that it makes it difficult to determine the point of taxation.When shares deemed acquired at the time of share subscription the benefit will be taxable as income from service and the increase in value income from capital. When shares are deemed to be acquired only after cessation of disposal restrictions this will result in that the benefit is taxed only once.After the Supreme Administrative court rulings in 3167-09 and 3168-09, it is now obvious that the acquisition is deemed to occur at the time of acquisition. The problem is not yet solved because the constant development of the security market needs to be considered.
Röster som inte hörs : En juridisk studie om hur barnperspektivet redovisas i LVU-domar
The child perspective is a complex area primarily because of its many ways of interpretation but also because children are considered to be less competent than adults. Our hypothesis was that adults in court-proceedings make decisions in the child?s place. The aim of this study was to investigate the judicial meaning of the child perspective in ?Socialtjänstlagen? (SoL) and ?lag om särskilda bestämmelser om vård av unga? (LVU).
Seldonplanen : En studie av determinism och upplysningsidéer i Isaac Asimovs Stiftelse-trilogi
Freedom of religion or belief is indisputable in Human rights discourse, more discussed is exactly what it is that is included in the concept of freedom of religion or belief (in Swedish: religionsfrihet). This thesis focuses on the freedom of religion or belief in a European context, in particular on the European court of human rights and article 9 in the European convention for human rights. Some criticism has been directed against the Court to the effect that its practice and verdicts don't answer to the pronounced desire to develop a pluralistic and inclusive form of freedom of religion or belief.My aim is to examine, analyse and test three different theories, which all try to develop alternatives to the expression freedom of religion or belief, in relation to six verdicts from article 9 in Europe convention. My basic purpose is to try to find new ways of talking about freedom of religion or belief that might lead to a more inclusive, pluralistic and equal interpretation of that concept.The three theories wich I use are elaborated by Richard Amesbury (associate professor at Claremont school of Theology); Hugo Strandberg (TD at Åbo Akademi) and Eberhard Herrmann (professor in philosophy of religion at Uppsala University); and Martha Nussbaum (professor of law and ethics at the University of Chicago). The six cases from the European court are: X v.
Talande tystnader om heder : En analys av socialsekreterares och förvaltningsrättens bedömning genom rättsfall av hedersrelaterade LVU-ärenden
One of the social services primary missions is to protect children from suffering harm. Social service work should work based on the child?s best and have the child's perspective in mind. In all cases involving children, the focus is on the child's needs and interests and is regulated in Convention on the Rights of the Child (CRC). Both of the previous research and this study reveal the various markers that are evident in the social services handling of honor related cases.
Frihet, närhet och livsviktiga gräl : Ett gott föräldraskap enligt Gunnel Linde
Freedom of religion or belief is indisputable in Human rights discourse, more discussed is exactly what it is that is included in the concept of freedom of religion or belief (in Swedish: religionsfrihet). This thesis focuses on the freedom of religion or belief in a European context, in particular on the European court of human rights and article 9 in the European convention for human rights. Some criticism has been directed against the Court to the effect that its practice and verdicts don't answer to the pronounced desire to develop a pluralistic and inclusive form of freedom of religion or belief.My aim is to examine, analyse and test three different theories, which all try to develop alternatives to the expression freedom of religion or belief, in relation to six verdicts from article 9 in Europe convention. My basic purpose is to try to find new ways of talking about freedom of religion or belief that might lead to a more inclusive, pluralistic and equal interpretation of that concept.The three theories wich I use are elaborated by Richard Amesbury (associate professor at Claremont school of Theology); Hugo Strandberg (TD at Åbo Akademi) and Eberhard Herrmann (professor in philosophy of religion at Uppsala University); and Martha Nussbaum (professor of law and ethics at the University of Chicago). The six cases from the European court are: X v.
?Om jag inte hade gjort det här, hur skulle jag i så fall svara Gud där uppe.? : En textanalys av hur religion kan förstås i ett rättsfall rörande hedersmord.
With a religious psychological perspective this paper focuses on how religion is communicated during an investigation, and how religion might include in the decisions and the implementation of committed honor killings. This study pinpoints the question if it´s reasonable to unilaterally declare honor killings with culture, which is based on a distinction between culture and religion. The study is done on a court case where the offender confessed to a murder that is categorized as a so-called honorable motives. The material consists of interrogation reports during the investigation and several notes written by the offender before the murder. With a broad definition of religion the text material is analyzed with the theory of attribution.
Genus i Barnets Bästa : En jämförande studie av Förvaltningsrättens LVU-domar med fokus på barnets eget beteende
Background/aim: The purpose of this sociological study "Genus in the Child's Best Interest" was to, from the Administrative court's decree about the child's own behavior, further clarify the concept of the child's best interest by studying how the concept is expressed in decrees with focus on genus.Theory: Three genus theories, to compare girls and boys, Mary John's power theory, the grown ups definition of what the reality is and what it should contain, and a labeling theory, where the people with power are the ones to define what's normal and what's not, have been used to analyze the result in this study.Method: A content analyses was used to analyze the decrees, with the focus on girls and boys between the ages of 12 to 19, where they have been forced into treatment by the law.Result: The concept of a child's best interest does make a difference between girls and boys in the decrees, and the girls have more power because they have more room to express themselves and are less responsible for their thoughts and actions. The concept is possible to use, but the definition is subjective and could be colored by the societies values and norms..
Forumkonkurrens. Prövning av folkmord inför ICJ och ICTY
The conflict in the former Yugoslavia was characterised by extensive war crimes committed by all parties in the conflict. Two international courts, The International Court of Justice and the International Criminal Tribunal for the Former Yugoslavia, have both judged if a genocide was committed in this conflict. This paper examines how these two courts relates to each other concerning their legal judgement of the crime of genocide. Two cases are analysed; the judgement of Radislav Krstic´ at the ICTY and the case Bosnia and Hercegovina v. Serbia and Montenegro at the ICJ.
Gränsöverskridande arvskiften : En analys av domsrätts- och lagvalsfrågan med beaktande av EU:s förordning nr 650/2012 samt dess förhållande till tredjestat
In today?s society it is not uncommon for people to move across borders. We are more likely to work and study in other countries, initiate cross-border relationships, acquire property in other states and change our residence. Therefore it is not uncommon for a per-son to leave inheritance in several states. The laws of succession differ between countries which creates an uncertainty among the devisors when planning their successions.
Riksintresse; Bevarande eller nyttjande : Vindkraftsutbyggnad inom Natura 2000- områden
Natura 2000 is part of the European Union: s framework to protect and preserve biological diversity. Natura 2000- areas are by the goverment appointed to areas of national interest for preserving nature. Also wind power stations are appointed as of national interest and the reason for this is the goverments goal to get energy from reneweble energysources. This essay describes when both these intrests conflict eachother when it comes to building wind power stations within Natura 2000- areas. The main focus of this essay is a casestudy of two cases from two different counties, Dalarna- and Norrbotten county, where applications have been made to build wind power stations within existing Natura 2000- ares, both cases have reached the court dealing with enviromental issues.
Åldern i fokus : En studie om hur svensk rätt påverkas av EG-rättens reglering av åldersdiskriminering i arbetslivet
Sweden is a member of the European Union (EU) since 1995. The association results in considerable proportions of the European law, also called EC-law, for Sweden. The legal system has precedence above Swedish law, which forces our national court to take consideration into and interpret the law in the light of EC-law.Sweden doesn?t possess a general legislation of discrimination. An appointed committee investigates the matter and the requirement of a common law, including all discrimination prohibits.