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312 Uppsatser om Court - Sida 16 av 21

Det individuella anställningsavtalet : Gränser för anställningsformens innehåll

The foundations of the Swedish labour market have shifted due to a number of new circumstances affecting its framework. Employment is no longer a right taken for granted but rather something one should work hard to achieve. Given the new conditions, employers are not only trying to ensure their own businesses survival but also uphold the structures of our society. Competition between enterprises forces management to forge new boundaries to maintain profitability.Concerns have arisen whether or not these so called management strategies are within the limitations of the law. As a result and as a response to the design of the labour laws creativity is peaking to overrun the statutory regulations.

Socialsekreteraren har ordet! En studie av hur ungdomar beskrivs i socialtjänstens yttranden avseende unga lagöverträdare.

The purpose of this essay was to examine how youths are described in certain written statements that are produced by the social services. The statements that this study has focused on, are those written with the purpose of serving the Court with suggestions of treatment-measures when a person between 15 and 18 is suspected of having committed a crime. The main issues were: How is the content in these statements described and what do these descriptions tell the reader? Do the images of youths in the statements differ, depending on the degree of intervention for the suggested treatment-measure? The essay is based on a qualitative content-analysis of 50 statements and the material has been analysed from a social-constructive theoretical perspective.The study shows that the youths in the statements are described through descriptions that reinforces a positive or a negative image of the youth, and that these descriptions are described as either utterances or facts. Depending on the degree of intervention for the suggested treatment-measures, the information in the statements differ in that descriptions that are likely to reinforce a positive image of the youth are more frequent in the statements where no or less intervening treatment-measures is suggested.

Möjlighet till flyttning av juridiska personers säte inom EU : Finns det behov av ytterligare harmonisering?

The freedom of establishment is a fundamental right on the internal market which enables companies to take up and pursue activity in other member states, ?host states?, in a non discriminatory way. In situations where a company wishes to use the right to establish in a host state, complications will be discovered since the member states are applying different principles for deciding the nationality of a company. Since the Treaty of the Function of the European Union recognize both principles, and both of the legal areas company law and European international private law lack harmonization regarding companies wishing to perform such a transaction, the situation today brings the possibility that such a company could be covered by the legal system of several member states, or maybe no legal system at all.The Court of Justice of the European Union has through case law contributed to make the scope of the freedom of establishment a little bit clearer but there are still difficulties regarding situations when a company wishes to transfer its seat to another member state with a change of nationality. Today?s measures, for example the SE-company, is not enough to satisfy the companies wishing to transfer their seat to another member state.

Allmänna lämplighetsvillkor vid fastighetsbildning: En rättsfallsstudie

Denna rapport syftar till att utreda och klargöra de allmänna lämplighetsvillkoren vid fastighetsbildning (som finns beskrivna i 3 kap. 1 § fastighetsbildningslagen) och hur denna paragraf ska tolkas vid lämplighetsprövning.Detta har gjorts genom en rättsfallsstudie, där fokus lagts på hur paragrafen har tolkats i rättspraxis. Rättsfallsstudien har sedan kompletterats med propositionsanalyser och litteraturstudier. I uppsatsen har de 58 rättsfall som legat till grund för rättsfallsstudien redovisats för sig för att sedan analyseras och tolkas.Slutsatserna av arbetet presenteras i form av riktlinjer för vad som ska beaktas vid lämplighetsprövning. Riktlinjerna bygger på observerade tolkningar i rättspraxis och är menade att underlätta tolkningen av paragrafen.

Omvända skattskyldigheten i byggsektorn Gränsdragningen mellan vara och tjänst?

In tune with the cross-border trade the infringement of intellectual property rights has become a growing problem in Europe and the rest of the world. In June 2008 negotiations about a new international agreement was initiated between Europe, its member states and ten other countries, which will restrict infringements of intellectual property rights. The agreement is called ACTA, which stands for Anti-Counterfeiting Trade Agreement. On January 26, 2012 the European Union (EU) and twenty-two of its twenty-seven member states signed a letter of intent to the agreement and the EU?s internal processes of the agreement began.

Sveriges implementering av EU:s visstidsdirektiv 99/70/EG

This paper aims to study, from a legal dogmatic method, the Swedish legislation on fixed-term work related to the EU directive 99/70/EC1. In particular, the directives demand to prevent abuse of frequent temporary employment.An employer may, in agreement with the Swedish legislation combine different types of temporary employment, to prolong the time in the temporary employment. In this proceeding an employer can avoid employing an employee in a permanent position. For example, an employee can be employed in a probationary period of six months, in a general temporary employment for a maximum of 24 months, and thereafter in a temporary position for a maximum of 24 months before the employment turns into a permanent position. This provided that the employments were made by the same employer, and within five years.

Fastighetsbestämning och särskild gränsutmärkning i Sverige

The purpose of this thesis is to describe property definition and special boundary demarcation and to analyze the differences between the two cadastral procedures. Property boundaries, especially unlawfully determined boundaries created through unofficial parcelling, can create conflicts between landowners and make it diffi-cult to know which land that a property contains of. It is possible to clarify the boundary conditions through a property definition or through a special boundary demarcation re-establish boundary marks.The methods used are: (1) A literature review to collect background information, (2) A case study to summarize Court cases and (3) A questionnaire study to collect opinions from cadastral surveyors.The result is summarized in two comparisons. Firstly between restoration of landmark and special boundary demarcation (which replaced restoration of landmark in a legislative change in 2010), which demonstrated that the change in the law is considered positive because special boundary demarcation gives a legal effect on the boundaries. Secondly between property definition and special boundary demarcation which demonstrated that the two procedures are similar to each other.

Funktionshindrades situation vid anställningsförfarandet

Arbetsmarknaden är idag ansträngd. Faktorer såsom effektivisering av organisationer, skepsis mot att nyanställa samt hög arbetslöshet medför att konkurrensen om arbetena har ökat. Därtill är sjukskrivningstalet högt. Långvarig sjukskrivning kan medföra mänskligt lidande bland annat på grund av att individen kan uppleva känslor av utanförskap samt otrygghet som ett resultat av att denne går miste om den gemenskap som vanligtvis återfinns på arbetsplatsen. Hög sjukfrånvaro genererar samtidigt höga kostnader för den statliga kassan.

Obehörig vinst

Unjustified enrichment is used as legal basis when a part claims compensation. Unjustified enrichment can be illustrated as: (A) made a profit on someone else?s loss (B) and if the profit is"unjustified"and has"no legal basis"it shall be returned, which then make it possible for B to claim compensation from A referring to the profit. B has in this case lost something that he owns. To be able to claim A for compensation must the loss of B also be a benefit for A.

If there is violence, there is resistance.

This thesis is a discourse analysis of six rape trials, with the intention to analyze how the plaintiffs?? resistance is described. The overall aim is to investigate whether there are forms of resistance that the Courts find more desirable and if there are any rules for how resistance should manifest itself. I will also investigate how the rape is itself described by the plaintiff and Courts, respectively. I will analyze how this affects the understanding and attitude toward what has happened.

"Det blir fällande dom i Hovrätten grabbar" : En fallstudie om Dagens Nyheters och Expressens rapportering kring våldtäktsfallet med de två så kallade Stureplansprofilerna

In our case study we investigate how media chose to illuminate the process of Court proceedings concerning a one specific rape case in Sweden during the spring and autumn 2007. For our study we have chosen to investigate two Swedish daily newspapers, one known to be a serious morning newspaper, Dagens Nyheter, and the other an evening tabloid newspaper Expressen. We would like to see whether the reports of the trial diverge and if that is, how they differ.The rape took place in Stockholm?s posh area named Stureplan in March 2007. The two men 21 and 25 years old, accused for the crime were acquitted after the first instance.

Revisionspliktens försvinnande : -en kvalitativ studie om bankernas kreditbedömning av småföretag

Final assignment for Bachelor Degree in Business Administration,Mid Sweden University in ÖstersundSpring term 2008Title: Abolishment of statutory audit ? a qualitative research on banks attitude when credit rating small businessesAuthor: Rima Harouki, Carina HoffmannSupervisor: Anna-Maria JanssonBackground & problem: In Sweden the statutory audit has been mandatory for every corporation since 1983. With the membership in European Union it became possible to allow exception from statutory audit for small businesses, according to the fourth commission of EG. Today, in the European Union, there are few countries that still have statutory audit for smaller businesses, Sweden is one of them. There are discussions about whether Sweden should follow the trend of abolishment and an analysis management by the justice of the Supreme Court Bo Svensson was recently presented, which ended in the conclusion that statutory audit ought to be abolished.

Generalklausulens fjärde punkt i Lag (1995:575) mot skatteflykt : I ljuset av Peru-upplägget

The taxation of various kinds of income which Sweden requires taxpayers to pay results in people undertaking sophisticated tax schemes to avoid paying tax . As a result of this Sweden had to develop its tax laws and insert a general clause in the legislation because the legislator wanted a more preventive effect. This preventive effect results in that the clause is applicable to more various types of tax situations. The clause, found in § 2 law (1995:575) against tax treaty override, states four requisites that must be met for a procedure to be considered tax treaty override. The relevant point for this paper is the fourth item which created interpretation problems among Courts.

UNIDROIT Principles, PECL och DCFR i svensk rättspraxis

International Contract Law presently offers three sets of principles: the UNIDROIT Principles of International Commercial Contracts (the UNIDROIT Principles), the Principles of European Contract Law (the PECL) and the Draft Common Frame of Reference (the DCFR). These sets of principles contain general principles which are intended to serve as model rules. The three sets of principles have been published, but they have not been adopted. The UNIDROIT Principles and the PECL are not meant to be adopted either. There are different opinions as to whether the sets of principles can be considered to be a source of legal status at all.The sets of principles have been referred to in Swedish law.

Yttrandefrihet kontra lojalitetsplikt : Vilken princip väger tyngst när det kommer till kritiska uttalanden om arbetsgivaren via sociala medier

In this paper, the legal situation regarding freedom of expression versus the duty of loyalty is investigated, this in a context where an employee makes critical statements about his employer through social media.The duty of loyalty is a part of all employment relationships and it follows implicit from the contract regardless of whether it is specified in it or not. This duty means that an employee is required to put the employer's interests before his own and avoid all situations that end up in collision of the duties. The employee may no t either act in such a way that is intended to harm the employer. This means that the employee must be even off duty careful not to appear disloyal to the employer. This may lead to that a status update on Facebook, even when made on the employee's free time, can be regarded as disloyal conduct, with the dismissal or disciplinary action as a result.Case law states that the point of departure regarding criticizing the employer must be that the employee has an extensive such a possibility to that, without that being considered as disloyal conduct.

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