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312 Uppsatser om Court - Sida 11 av 21

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.

Undantagande av handlingar vid Skatteverkets revision

AbstractThe tax authority has an obligation to ensure that all tax cases are adequately investigated according to 40:1 SFL. In order to fulfill this obligation the tax authority has a number of investigation options. The most common form of investigation is so- called desktop investigations, which means that the tax authority will send written inquiries or injunctions to taxpayers. The most intrusive and resource-intensive form of investigation is audit. The general rule is that the tax authority?s auditor may examine all accounting records and other documents related to the business.

Judikalisering och demokrati: Lagprövningsrätten i förändring?

In this thesis I examine the development and expansion of judicial power in Sweden. The concept of judicial review is defined and related to democratic theory, and the various forms of judicial review in use in Sweden are explained. The main focus is on the political and scientific discussion concerning judicial review since the mid 1970s. It is shown that judicial review so far has been used only to a limited extent and that the number of Court cases has remained quite stable over time. The main cause of judicialization seems to be the supremacy of EU law following the Swedish EU membership in 1995 and the inclusion of the European Convention on Human Rights into Swedish law.

Att beskrivas som misstänkt gärningsman i media : En undersökning om nyhetsbevakningen av en misstänkt styckmördare i fyra svenska tidningar

The subject of this thesis is how a suspected criminal has been described in written swedish media. The topic of the articles is the investigation of a man suspected for murder and for dismembering the victim during the winter of 2011. The purpose of this thesis is to try to answer the question of what the newspapers actually write to describe a suspect before he or she has been trialed in Court. For the analyse of the articles, published in four of Swedens largest newspapers, critical discourse analysis has been used. The results have been compared with other analyses made on other cases and have been discussed with Pierre Bourdieu?s theory of action.

Contra legem och in fraudem legis i svensk och tysk rätt

The legal conception of contra legem derives from Roman law and is translated into "against the law". A decision contra legem arises when the text of law and the legislators purpose of law are disregarded. A paradoxal consequence is that there will always be a decision contra legem, when the text of lawand the legislators purpose of law are contradictory. It is therefore important that decisions contra legem are based on legitimate motives to ensure law and order. In fraudem legis is another legal conception from Roman law and is translated into "evasion of law".

Diskriminering på grund av funktionshinder - eller frunktionshindrad på grund av diskriminering?

Abstract The 1st of January 2009 there will be a new discrimination law in Sweden. That means that the Parliament finally will interpret three EC-directives in there entirety. The new law means that the present discrimination laws will be merged to one law. The situation for disabled persons on the labour market has improved, since the discrimination law was founded in 1999. The Labour Court got some cases to judge and media has attracted attention to disabled persons rights.

En studie i brott : kvinnlig brottslighet i Askeryds Socken, Småland 1825-30

This essay focuses on crime history and gender. It is a study of female crimes in the beginning of the 19th century in a small parish (Askeryd Socken) in Småland in the south part of Sweden. The method I have used is to study the records of Municipal Court regarding the citizens of the parish of Askeryd. I have then tried to find out whether the female offenders have been treated different than the male offenders, if there is a certain kind of gender-related crimes and in those cases where comparison is possible, I have examined if the females are treated in a lighter way. (?female discount?), or if they were treated as mentally unstable.The essay shows that in this particular parish during the years 1825 to 1830, female offenders were not treated in a lighter manner.

Kalkbrottstvisten i Bunge Ducker : En ACF-analys av två kolliderande riksintressen

Abstract This thesis is based on a case study of the drawn out legal process on the question of establish a limestone quarry in Bunge Ducker in north Gotland (Sweden). The current fields are located next to areas that are protected by virtue of being EU-certified Natura 2000-areas. Despite this, the Swedish governments and Courts have not agreed in witch national interest that should be prevail when decisions are made on this issue. This phenomenon are reflected in the judicial process and different Court have evaluate information differently in the case. A change among governmental actors where priority is given to the importance of national interest have occur in the later part in the process.

Penumbra Suecica : Den negativa fo?reningsfriheten i Sverige mo?ter Margin of appreciation

This paper discusses if Margin of Appreciation is compatible with the idea of universal human rights. Through the case of Negative freedom of association in Sweden, it studies the phenomenon that Giorgio Agamben has called the State of exception.The questions that are discussed and answered are 1) How does the rights theories of Jack Donnelly and Ronald Dworkin relate to Margin of appreciation, and 2) How has Margin of appreciation been applied in cases concerning the negative freedom of association in Sweden, in the European Court for human rights. These questions and answers are then used in the discussion on how Margin of appreciation affects the concept of universal human rights. .

Nämndemannasystemet i tiden

When Swedish authorities are to purchase or rent something, public procurement is used as a means to an end. Authorities as well as suppliers are subjects to the fact that Swedish law regarding public procurement regulates the form of procurement in one set of particular regulations (LOU) and the form of contracts in another set of general regulations (AvtL). Suppliers and purchasing authorities close a contract regarding the subject of procurement and the law of public procurement regulates when such a contract can be closed, simultaneously the law of contracts regulates when parties are held to contracts and when contracts are to be rescinded. I investigate in this essay what these two types of regulations can result in for the contracting parties. As it is today agreements that have been entered into wrongfully still are valid, even if a Court of law nullifies the procurement and sentences the purchasing authority to make a new public procurement.

Bosnienkriget och ICTY : -tidens rättvisa?

When Swedish authorities are to purchase or rent something, public procurement is used as a means to an end. Authorities as well as suppliers are subjects to the fact that Swedish law regarding public procurement regulates the form of procurement in one set of particular regulations (LOU) and the form of contracts in another set of general regulations (AvtL). Suppliers and purchasing authorities close a contract regarding the subject of procurement and the law of public procurement regulates when such a contract can be closed, simultaneously the law of contracts regulates when parties are held to contracts and when contracts are to be rescinded. I investigate in this essay what these two types of regulations can result in for the contracting parties. As it is today agreements that have been entered into wrongfully still are valid, even if a Court of law nullifies the procurement and sentences the purchasing authority to make a new public procurement.

Affärsmetoder, ett undantag ifrån patenterbarhet? -En komparativ studie av USA, Europa och Sverige

There is no commonly accepted definition of a business method. It ought to consist of a method or a process of doing business. Business methods constitutes a broad category of patents, it is hard to tell exactly what can be interpreted in to the term. Most of the world's legal systems have made an exception from patentability for business methods. In the USA the exception was abolished in a case 1998.

De konkurrensrättsliga sanktionsformerna

The fundamental prohibitions against anti-competitive agreements and abuse of a dominant position are set out in the EC Treaty, articles 81 and 82 respective CL 6 and 19 §. EU: s objectives can be said to promote economic and social development within the community. These objectives will be achieved, among other things, through the establishment of a common internal market. In order to achieve a common market, where companies from different nations compete on equal conditions, it is not enough to prevent the member states from distortion of competition in the market. The free competition and thereby the advantages the common market is assumed to create, can also be limited through measures taken by companies.

Man packar ihop sin väska och där står hon och har lämnat ut hela sitt liv : En studie av professionella aktörers syn på våldsutsatta kvinnors upplevelser av rättsprocessen och deras möjligheter till samhälleligt stöd

The study aims to illustrate how women victims of male violence in intimate relationships are treated during the legal process and with professional perspective describe what women?s experiences considered to be in the legal process. The study also aims to draw attention to the interventions for abused women during the legal process.The results are based on interviews with professionals in the justice system, and on observations in the Courtroom. Overall our results show that abused women are in need of a great quantity of help and support before, during and after the negotiation. The legal process is very stressful for the women.

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.

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