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850 Uppsatser om Conduct of court proceedings - Sida 9 av 57

I välgörande syfte : En explorativ studie av välgörenhetsorganisationers marknadsföringsstrategier i relation till donatorernas engagemang

According to Swedish tax legislation, investment funds are taxed differently depending on if the are Swedish or foreign. The difference between the investment funds lies within the taxation of received dividends and the opportunity to shift the liability of tax of received dividends on to the funds shareholders. This measure is only available to Swedish funds. The question in this thesis is whether this difference is discriminatory against foreign investors and therefore constitutes a forbidden restriction against the free movement of capital stated in article 63 EUF Treaty.The European Court of Justice (ECJ) has given several preliminary rulings on this type of legislation and its compatibility with the principle of free movement of capital. It is not compatible with the free movement according to the court.

Ne bis in idem : Tillämplig på förhållandet mellan skattetillägg och skattebrott samt på förhållandet mellan skattetillägg och bokföringsbrott?

In the European Convention and the EU charter the principle ne bis in idem is provided, which implies that a person can not be tried or punished twice for the same offense. Since the European Convention was incorporated into Swedish law in 1995 the principles application has been discussed in tax law. Several cases have been examined by the European Court and the Supreme Court (HD) in order to determine whether dual punishment has occurred in the national rules concerning tax surcharge, tax crime and accounting fraud. The judicial trials have brought different assessments concerning the matter, which have resulted in a lack of clarity on the application of the principle in Swedish law.The thesis purpose is to clarify whether the principle ne bis in idem is applicable on the relationship between tax surcharge and tax crime, and the relationship between tax surcharge and accounting fraud.The authors' conclusion is that the principle ne bis in idem is applicable on the relationship between tax surcharge and tax crime because both sanctions are considered criminal in nature and concern the same crime, since they are based on substantially the same circumstances. Furthermore, the principle ne bis in idem is considered applicable on the relationship tax surcharge and accounting fraud, because both sanctions are criminal in nature and their circumstances have a connection, therefore they are considered as the same crime..

Lagar mot lösdriveri : En vägledning till hur man finner handlingar från svensk lagstiftning på Riksarkivet

For centuries it was a crime to be without work or an income in Sweden. Those breaching this law were called vagrants and could be sentenced to forced labor. They stood outside of society in many ways as they were being criminalized. Society's view of them becomes clear by the laws enacted against vagrancy. The investigations that were made in creating the laws do not only say something about society's view of vagrancy, but something about the society itself.In Sweden we have a unique collection of investigations and referrals that are public records through Freedom of the Press.

Jag litar på dig - Är våra läroböcker att lita på?

The purpose of the study is to se how coherent certain parts of four textbooks is with the curriculums Lpo 94 and Lgr 80. The study will examine Christianity and Islam in four textbooks. The aforementioned books are high school textbooks. To help us conduct the study we will use Hellspongs qualitative analysis method that?s allows us to conduct a profound analysis.

Inventering och riskanalys av skolskjutshållplatser : kvalitetsäkring med avseende på trafiksäkerhet

In Trollhättan municipality approximately 700 school bus stops are in service. To ensure high quality of the performance of school bus operations, with focus on traffic safety, it was decided to conduct a survey of bus stops including assessments of risks.This master thesis aims to identify the factors affecting road safety at bus stops and pedestrian connections, and to conduct an inventory and analysis of selected sites in Trollhättan municipality. The work also aims to show examples of how risk assessment should be performed in future studies. A risk analysis model provided by the Swedish Transport Administration is supplemented and used in a field study. The risk assessment is based on, inter alia, traffic flow, visibility distance, lighting, speed of traffic and the presence of bus shelter.

Rekonstruktörens skadeståndsansvar

The thesis consists in two parts. The purpose of the first part is to analyse how the court may interpret rules, principles and legal cases to decide whether a reconstructor bears liability towards the debtor and the creditors. In the second part it is discussed and argued for how the reconstructor´s damage liability should be drawn up and applied so that it according to economic theories should be as efficient as possible. In the thesis it is shown that it is not a non-contractual liability or a liability based on authority mission. The reconstructor´s liability is instead based on a commission concerning an intellectual service.

Logikbaserade dokumentåtervinningsmodeller

The thesis deals with three document retrieval models based on logic: the Boolean model,the fuzzy model and the Van Rijsbergen model.In Chapter 1, the author presents the purpose of the thesis. This is to give the logical foundationof the models, to describe them and to examine them critically. In Chapter 2, some importantnotions in document retrieval are presented. Chapter 3 is devoted to the Boolean model, Chapter4 to the fuzzy model and Chapter 5 to the Van Rijsbergen model.These three chapters are organized in the same way. First, the logical foundation of the modelis given.

Rimligt tvivel? : En studie om historievetenskaplig stringens i en juridisk kontext

What happens when historical theories are used as evidence in a trial? Is it possible for historians to use their own scientific tools when acting as participants in a juridical process? And how do judges deal with historical evidence? The aim of this study is to answer these questions by analyzing a specific trial, known as ?Härjedalsmålet?. Härjedalsmålet was a court case about the Sami people?s right to let their reindeer graze on private property grounds in Härjedalen during the winter season. Their claim to this right was based on prescription of time immemorial.

Bogsår, en bedömningsfråga.

 In 2009, the responsibility for animal welfare was moved from the local authorities at the municipality(kommunerna) to the County Administrative Board(länsstyrelsen). This was a result of many differences between the different municipalities in how they handled animal welfare. Shoulder lesions of sows are a matter of opinion and therefore, a complicated question. Sows suffer from shoulder lesions for many reasons: e.g. the amount of straw available.

Statens rätt i konkurs : Lika rätt för borgenärerna?

This essay is questioning if the state as an unsecured creditor in a bankruptcy proceeding, according to the principle of equal treatment, has the same rights as the other unsecured creditors. The principle of equal treatment means that creditors with unsecured claims are supposed to have mutually equal rights to dividends in a bankruptcy. In the Swedish bankruptcy law from 1987 there are recycling rules which means that some legal actions taken by the bankrupt debtor before the bankruptcy can be recycled to the bankruptcy estate. These rules do not apply on taxes. This essay analyzes whether the state should have this advantage or not.

Uppförandekoder - En fallstudie i hur fyra svenska textilföretag arbetar med uppförandekoder

Idag använder sig många textilföretag av långa leverantörskedjor över stora avstånd samtidigtsom företagens omgivning ställer allt högre krav på dem i samband med sociala frågor. Dethar resulterat i ett allt större behov av att kunna kontrollera företagens produktion. På grundav det har uppförandekoder blivit allt vanligare. Uppförandekoder är ett sätt för företagen attförsäkra sig om att deras produkter tillverkas på ett socialt ansvarstagande sätt. Dock finns detflera frågetecken i samband med om uppförandekoder verkligen fyller sitt syfte.Syftet med uppsatsen är att utvärdera hur fyra svenska textilföretag arbetar meduppförandekoder för att minimera de sociala problem som finns i deras leverantörskedjor.

Möjlig efterträdare till skolflygplan SK 60

The SK 60 Aircraft has been a workhorse for the Air Force?s training of future pilots since the late 1960s. The aging SK60 aircraft is going out of style, and the system has merely a few years of total running time left. A replacement for the SK 60 needs to be implemented in the coming years, and the Armes Forces Flying School has been commissioned to conduct flight tests on suitable replacement systems. This study will conduct a system analysis of two aircrafts mentioned in the Flying Schools report.

Vetorätt i FN:s säkerhetsråd : Dess inverkan på humanitär intervention

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.

En påstådd sexualitet - En diskursanalytisk undersökning av svenska migrationsmyndigheters syn på sexualitet i relation till hbtq-personers asylärenden

The purpose of the essay is to examine the views on sexuality that guide the Swedish Migration board and court?s judgments and decisions in asylum cases. The essay investigates seven cases from the Swedish Migration court regarding asylum seekers from seven different countries seeking protection in Sweden due to their sexuality and/or gender identity. By applying discourse analysis, along with the theoretical perspectives of Judith Butler and the postcolonial critique of Chandra Talpade Mohanty, the essay discuss what kind of criteria and/or practice is demanded of the asylum seekers to be rendered as trustworthy. The essay concludes that the asylum seekers are considered untrustworthy by the migration authorities when not acting according to a (hetero)normative sexuality.

Konkurrensklausuler i anställningsavtal : En rättsdogmatisk studie

 This essay aim to clear the regulations that adjusts the use of non-compete clauses in contracts of employement. The historical developement shows tendencies that more employees have contracts that includes non-compete clauses. This developement does not always correspond with what is allowed concerning these clauses. Non-compete clauses is adjusted by the regulations in the collective agreement known as the agreement of 1969. The agreement has also been accepted outside its regular field of application.

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