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413 Uppsatser om Court-annexed mediation - Sida 9 av 28

Samerna och statsmakten : Vardagligt motstånd och kulturell hybriditet i Torne lappmark under perioden 1639-1732

This thesis examines the everyday resistance, and its interaction with cultural hybridity, of the Saami population in the administrative unit of Torne lappmark during the period 1639?1732. To do this, the thesis uses theoretical concept of everday resistance as it has been described by JamesC. Scott and the theories of cultural hybridity as they have been described by Peter Burke. Primary source material used in this thesis consists of the court records from Torne lappmark, specifically from the courts at Jukkasjärvi and Enontekis.The results of this thesis present a picture of the everyday resistance in early modern Torne lappmark.

Obehörig vinst -- en möjlighet eller onödighet?

SummaryUnjustified enrichment is an obvious part of the jurisprudence in the majority of countries in Europe. But not in the Nordic countries, and certainly not in Sweden. This depiction of the Swedish posture is based mostly on Hellner?s thesis from 1950. A lot has happened since then, not to mention Sweden?s entry in to the EU.

Vederbörliga justeringar vid internprissättningsfrågor : Analys av om gällande rätt är tillfredställande för lösning av tvister som uppkommer till följd av justeringar av internprissättningar

Today adjustments on the pricing of internal transactions between multinational enterprises can lead to economic double taxation for the involved companies. This circumstance will result in an obstacle for private enterprising on the international market. Rules regarding corresponding adjustments and the mutual agreement procedure, that is used to eliminate economic double taxation, are today not sufficient tools to achieve this purpose. Consequently, changes regarding these rules should be implemented.The main reason for why economic double taxation is not put right is the competent authorities? inability to reach a suitable solution for the dispute.

Internprissättning på lån inom multinationella koncerner - En kvalitativ studie av det svenska rättsläget

Due to the growth of multinational concerns during the last decades, with large parts of international trade involving such corporations, the field of transfer pricing, including financial transactions such as internal loans, have received a great deal of attention in tax legislation. The internationally accepted foundation for transfer pricing is the so called Arm's length principle, expressed in Swedish law through the "Korrigeringsregeln". In the Diligentia court case, the concepts of transparency and control were given a crucial role in the calculation of an Arm's length's price of interest rates. The Swedish tax agency interpreted the ruling in that case as if a parent company always can be assumed to enjoy sufficient transparency and control to reduce the risk on their debt obligations. A great deal of uncertainty therefore surrounded their position and to what extent the Diligentia-ruling could be cited as precedent.

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.

Etanolmarknaden i Brasilien : etanol som fordonsbränsle

According to the EC fuel regulations 2 % bio fuel has to be blended in all fuel by the year 2005, and 5.75 % by the year 2010, which means ethanol for gasoline driven vehicles, so there will be a substantial demand for ethanol. Brazil already has an established industry for producing ethanol and is the leading producer and exporter of fuel ethanol. My purpose with this paper is to investigate why Brazil decided to develop ethanol production on a large-scale operation and to find out today?s situation. Focus will mainly be on ethanol production with sugarcane as a feedstock.

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.

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.

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.

Medlares egenskaper : Hur påverkas förhandlingsparterna av medlarens envishet och tålamod?

AbstractTitle:The Mediator?s Qualities - How are the negotiating parties effected by themediator's persistence and patience?Level:Final assignment for Bachelor DegreeAuthor:Johanna Strandberg and Emma HjalmarssonSupervisor:Jens Eklinder Frick and Jonas MolinDate:May 2015Aim:Our aim is to create a greater understanding of the negotiating parties'experience of the mediator's persistence and patience.Method:We have chosen a deductive approach that we have based our empirical dataon already existing research. Theoretical material has been gathered throughliterature, theses and scientific articles. With the background to our aim, we havechosen to use a qualitative approach where we have interviewed ten people who havebeen in contact with a real estate agent the last 24 months. The empirical data wasthen analysed and discussed in our analysis and conclusion.Result & Conclusions:We have found that the mediator's persistence and patienceaffect negotiating partners in various ways.

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.

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