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4201 Uppsatser om Court case - Sida 7 av 281
Förhållandet mellan ogiltighetsregler och konkurslagens återvinningsregler - regelhierarki, till vilket pris som helst...?
According to the Swedish Bankruptcy Act (SFS 1987:672) legal transactions can be reopened in cases of bankruptcy, if the transactions have been the cause of or were performed while the debtor was no longer solvent and thus harming the creditors. The legislations of the Bankruptcy Act chapter 4 §5 aim to protect creditors so that the debtor cannot withdraw their property in case of a forthcoming bankruptcy, as well as prevent creditors from taking measures against the debtor when the debtor is in financial difficulties. However, according to the Swedish jurisprudence there is a hierarchy as of according to which legal rules a legal transactions shall be enquired in case of bankruptcy. Firstly, a legal act must be valid, the transaction must thus be valid accordingly to either the law of contract, the law of property or according to the rules of corporate law. Each of these three legal areas have their own rules of annulment and any legal act has to be valid in accordance to any of the rules above before an action of reopening the transaction according to the Bankruptcy Act may be brought before a court.
?En slags kompis som verkar bry sig och lyssnar och så? : Klienters beskrivning av case managern i relation till arbetsbeskrivningen
The main purpose of this qualitative study was to describe clients? descriptions of the professional role case manager and how it relates to the job description provided from a project in which both case managers and clients were participating. Both what case managers do and are expected to do were explored. The project involved case management in the purpose to strengthen and enhance the care and quality of life for clients who are dually diagnosed. Interviews were conducted with five clients and the result was analyzed with theoretical concepts from role theory.
Renskötselrätten : som rättslig konstruktion
This master thesis concerns the relation between law and the theory of the conceptual metaphor which has developed within cognitive linguistics. Although its main focus is abstract thinking, it also covers a wide range of aspects within cognitive linguistics, such as the prototype theory and radial categories. In order to address this relation, three questions will be dealt with. Firstly, does the theory of the conceptual metaphor have relevance to interpretation of legal rules and contracts? Secondly, can the same theory explain why a legal rule or a contractual term has been interpreted outside of its most given area of application? Thirdly, when an interpretation is not predictable from a legal viewpoint, can such an explanation answer to that fact? Answering the first question will require a descriptive analysis of the conceptual metaphor and cognitive linguistics.
En IT-forensikers kamp mot IT-brottsligheten : En studie om arbetssätt hos polisens IT-forensiker
The use of information technology (IT) is exploding. Today, it is in our daily routines to use some kind of information technology. The increase of users increases the number of cyber crimes, ie, crimes that in some way involve IT. As the cyber crimes grow in numbers, the workload for technical investigator increases, these are called digital crime investigators. The thesis is about how police digital crime investigators work and what problems they may encounter during an investigation.
Miljöpolitik eller personlig frihet? : fallstudie av Växjö Kommun
This thesis is a case-study of an ongoing Court case between the Swedish Competition Agency and Växjö Municipality about a set-up requirement to the long-distance heating system for newly built private houses on municipality owned land. This requirement was set up as part of the municipality?s long-term environmental goals; however the Competition Agency claims that the demand is damaging the free market in the municipality. The purpose of this thesis is to determine which normative assumptions the decision makers have based their actions and re-action on, and whether or not these assumptions are valid, thru theoretical ideal types. This is determined via method of textual analysis.
Googles varumärkespolicy : En föränddring av varumärkets värde?
During September 2010, Google decided to change their trade mark policy to allow keywords which is equal to an already own trademark to be offered to all who intend to link the word to their ad. They offered a service for this called Adwords. The update followed since The Court Of Justice (CoJ) stated that Google does not commit trade mark infringement by doing this. The question to answer is whether the proprietors of trademarks can do something to stop them from being used by competitors as keywords in Adwords. CoJ has stated that the advertisers are infringing the exclusive right of a trademark if the used keyword is identical to the trademark, the commercial focuses on products that is identical to the products which are registered on the trademark and if the commercial makes it difficult or impossible to an average internet user to decide whether the products originate from the proprietor, a company which has a financial connection to the proprietor or a third party.
Kollektivavtalsrätten och ideologierna : Ideologies and Swedish Labour Law
Abstract The overall aim of this paper is to examine the impact of ideologies and norms on a legal system. Against a background of a description of the hierarchy of norms in Swedish labour law and in European Union law, respectively, the paper aims to specifically demonstrate the problems caused by the different hierarchies of norms when implementing EU directives in Swedish labor law. The research question examines how the trade unions? right to industrial action towards an undertaker providing transnational services by posting of workers, is affected by the implementation of the Directive 96/71/EC of the European Parliament and of the Council of 16 December 1996 concerning the posting of workers in the framework of the provision of services. The paper answers the question under what conditions the Swedish trade unions have the right to take industrial action in situations of posting of workers. Through the study of sources of law and adhering to traditional jurisprudence, this paper investigates the legislation regarding trade unions? rights to take industrial action in situations of posting of workers. In addition to the jurisprudential research, a glance at the history of ideologies is provided.
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".
GODTROSFÖRVÄRV AV FRITIDSBÅTAR : En komparativ studie gällande köparens undersökningsplikt
AbstractMedia has since a long time back been writing about extensive thievery of recreational boats and their engines. The value of the stolen goods is estimated to several hundreds of million Swedish crowns per year. The widespread stealing creates a secondary market where boats sometimes are sold by sellers that do not have the rights to sell the boat. This creates risk for the buyer who most often is a private person. A situation the buyer can face is that the boat was stolen and that the original owner can demand to get the boat or engine back.
Begreppet "upphandlande enhet" enligt lagstiftningen om offentlig upphandling
The government procurement legislation ? i.e. the Swedish procurement law, the EC procurement directives and the WTO?s Government Procurement Agreement ? applies on public procurement. Such a procurement exists when the contractor meets the conditions stated in the directives that the organ is to be considered as a contracting auhtority.
Rätten att fritt uttrycka sigoch rätten att inte bli kränkt : ett gränsdragningsproblem
Purpose/Aim: We have a right to freedom of the press, but we do also have a right not to be exposed to slander, we have a right to not be insulted. A study about this rights and crimes in the swedish law.Material/Method: literature, Internet, cases, Commission of Inquiry's recommendation. A qualitative research methodMain results: There is a very strong freedom of the press in the Swedish constitution. Mostly it stands immovable. The freedom of press can be restricted in case of slander.
Saklig grund för uppsägning av personliga skäl : ? En studie som ämnar ge en klarhet i vad kravet på saklig grund vid en uppsägning av personliga skäl innefattar.
The main purpose of this study is to investigate and with it clarifying what is meant by a dismissal for personal reasons must be based on valid reasons. More specifically, what is valid reason and what is required for that demand to be regarded as fulfilled.To my help to achieve this I have asked questions such as what kind of behavior from the employee can be the basis for a valid termination of the employment, what factors do the court put emphasis on in a trial and what is the requirements for the employer during the dismissal.The study has further objectives which are to illustrate the phenomenon of valid reason from a diversity perspective and from an international perspective. To achieve those objectives following questions have been asked: Is some groups covered in a greater extent than others by the requirement that a termination of employment must have valid reasons and are there international counterparts to the Swedish requirement that a dismissal must be factually based.What emerged from the study judicial inquiry is that the phenomena to which the employee is guilty of first is to see as valid reason when the employee are aware of the obligations undertaken in the employment but acting against them and inflicts some sort of damage for the employer.With regard to the employer's obligations in a termination proceeding are they to see as comprehensive and can be summed up to the fact that the employer should do everything in his power to avoid a dismissal.When it comes to the factors a court should take into account is this also a matter of major proportions. The court shall take into account all of the circumstances relating to the dismissal, which means that, with absolutely certainty, determine in advance what the court will decide is an almost impossible task.Furthermore, it emerged from the study that the requirement that a dismissal for personal reasons must be based on valid reasons may come to certain groups of workers to a greater extent than others. The study's investigation also indicates that the Swedish legislation, as it reads today, probably in breach of regulations enacted by the European Union. .
Case Managements spridning i kommunala organisationer : En organisatorisk förändring inom socialt arbete
The aim of this study was to comprehend and explain the idea and function of Case Management and its diffusion in Swedish municipalities. More specifically its aim was to investigate factors for the diffusion of Case Management and its differences to similar professional roles. The study was based on interviews with four managers at various levels and two case managers representing two municipalities in Sweden. Five themes were identified that were especially interesting when discussing the function of Case Management, its differences to similar professional roles and its diffusion in Swedish municipalities. The themes were: shortcomings in the welfare system, the functions of Case Management, differences to similar professional roles, descriptions of Case Management and factors for the diffusion.
En ny diskussion kring religionsfriheten : Alternativ till religionsfrihetsbegreppet under Europakonventionen och Europeiska domstolen för de mänskliga rättigheterna
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.
Unga lagöverträdare - Samhällets kompromiss? : En studie av socialtjänstens yttranden
AbstractIn Sweden all persons under the age of 18 are considered children. The age when it is possible to be held responsible for a criminal act, and therefor convicted in court, is 15. Society?s and, perhaps first and foremost, the authority?s attitude towards juvenile crime is that they should not be equal adults in the process within criminal law. Because children are considered essential for the society of tomorrow, it is important to pay extra attention to crimes committed by juveniles.