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1709 Uppsatser om Legal actions - Sida 2 av 114

Minimiaktiekapitalet i Sverige: En konsekvensstudie av ett slopande av aktiekapitalkravet

In 2007 the Swedish government appointed a commission of inquiry with the task to submit a proposal of reduction in the requirement of a minimum legal capital for private limited liability companies. The commission of inquiry?s main proposal involved a reduction to SEK 50,000 compared to the prevailing SEK 100,000. Following a complementary proposal from the Justice Department suggesting a reduction to SEK 1, this paper aims at providing an understanding of the function and purpose of a minimum legal capital and the consequences that follows from an abolition of the statutory capital requirement. The thesis concludes that the legal capital?s main purpose is that of a standard contract internalizing the shareholder?s risk in business.

Kollektiv dominans - har bedömningen blivit hårdare?

Abstract One of the essential conditions of the co-operating within the EU is that homogeneous conditions of competition prevail within the entire common market. The competition policy in the EU should guarantee that the competition is not distorted in a way that would prevent or create difficulties for the free mobility of goods and services between the member countries. The policy of competition should also guarantee that no new protectionistic obstacles will be formed, regardless of if it is being done by actions taken by member countries or as a result of actions taken by companies in order to set limits to the competition. Companies putting to an abuse their dominant position on the common market, or on a substantial part of it, is irreconcilable with the idea of the common market in case it could interfere with the trading between member countries, and is thus prohibited. The purpose of this dissertation is to describe the collective dominance from the view of the commission's interpretation of the practice of article 82 in the EG - treaty.

Local stakeholders? willingness to conduct actions enhancing a local population of Grey Partridge on Gotland ? an exploratory interview study

The population of Grey Partridge is decreasing worldwide as a result of anthropogenic activities. Increased agricultural production, requiring homogenous farming landscapes and increased use of pesticides are believed to be the main factor causing population declines in the Grey Partridge. Actions to enhance Grey Partridge populations are available; however, those actions are vain if the acceptance to conduct them is low. To gather information about acceptance among farmers, hunters and the County Administrative Board towards 18 available actions enhancing the Grey Partridge population, nine face-to face interviews were conducted as an exploratory case study. The results showed that willingness to conduct enhancing actions differ between and within the groups of stakeholders.

Förbigående av företrädesrätten till återanställning med hjälp av bemanningsföretag : -Att anses som ett kringgående av LAS?

The aim of this essay is to discuss the problems concerning the right of priority for re-employment in connection to employing temporary agency workers. This will be done with the help of relevant laws, preparatory work and literature that fall within the scope of the legal dogmatic method.Using temporary personnel is becoming considerably more common throughout the Swedish workplace. In recent years there has been a rapid growth of work agencies and a tendency to employ temporary personnel. At the same time employees are made redundant, suffering the consequences that arise from the workplace failing to abide by the rules of re-employment. In order to claim that the employer has failed to follow the right of priority for re-employment, evidence must be sufficient.

Hard Decisons, Soft Laws : Exploring the authority and the political impact of soft law in international law

The question of whether there is soft law in international law has been as much the subject of contemporary debate as whether or not there is private legal authority in the international society. The legal boundaries seem to be blurred by the process of globalisation and the recent shift in international law. The traditional definition of international law has been outdated as new forms of treaties has introduced new subject of law to the judicial arena. At the same time a supplementary map of law has been added to the cartography of international law, soft law. These correlating processes have comprehensive political and legal consequences at both the international and national levels.

Hotet från de kriminella MC-gängen - en normativ studie av värdekonflikten mellan den personliga integriteten och statens säkerhet

The aim of this essay is to illustrate a fundamental question; what is a democracy allowed to do to protect itself from enemies? I´ve chosen to analyze the conflict between the two values; individual integrity and state´s security. The individual integrity refers to every person's right to have a protected sphere, and the stat´s security refers to its right to protect itself, and these two positions are often time incompatible. This conflict of value is shown in a normative analysis, where depending on which perspective or normative logic is seen as primate, it gives different conclusions to what a democracy should do to defend itself.To demonstrate how severe the threats are against the society, I choose to examine a specific part of the organized crime, the outlaw motorcycle gangs. They have a special position in affecting the legal system because they have an explicit aim to influence the judicial system with scaremongering and threats.

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".

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.

Blankning i rättslig belysning

Shortselling and loan of shares are becoming a common complement to"traditional"trade in shares. To be able to lend shares, it is necessary to reregister the shares so that the shortseller is competent to sell these shares further. In a legal sense, the proprietorship of the shares has changed hands, though it is not obvious for those involved to see what happens to the prorietorship. The obscurity is principally whether a complete changeover of the proprietorship is made between those concerned. This essay makes clear which legal consequences loan of shares and shortselling get concerning the proprietorship, and how a conflict between the lender and the third party should be solved if the shortseller becomes bankrupt.

När har juridiska personer beviljats förvärvstillstånd av lantbruksfastigheter?

The purpose of this report is to study when and why legal persons have been allowed to acquire agricultural properties. The ownership of agricultural property is governed by the Land Acquisition Act. The reason for this is because they want to limit legal person owner-ship of agricultural properties. It is believed that a large proportion of pri-vate ownership is healthy and stimulating for the Swedish countryside. There are some exceptions in which legal persons may be able to acquire. This is a review over decisions taken by the authorities. In this report I have studied purchases made between 2008 and 2010.

Registrerad : - En förklarande studie av Skånepolisens romregister

In 2011, a crime prevention initiative was undertaken by the Swedish police department in Scania. Two years later, the Swedish media reported on this initiative, claiming that it had been intended as an ethnic registration of Romani people. This revelation resulted in a great deal of controversy and sparked a national debate on the issue of ethnicity and public registration in Sweden. The police in Scania had difficulties explaining the purpose of such a registration effort, and could not provide evidence that it had been legitimate and legal. This paper will attempt to explain the motivation behind the original police initiative with a theoretical analysis based on assessments from public authorities.

Jämkning av skadestånd och ansvarsförsäkringar

Damages have four main functions: reparation, placing of the costs, distribution of the losses and prevention. The rules about damages evolved before liability insurance had the extension it has today, 97 % of the Swedish populations is covered by liability insurance, since it is included in the comprehensive household insurance. Liability insurance should be looked at in the light of the damage rules, but the rules about damages are adapted to the insurance possibilities.The Law of damages contains, though the general adjustment article 6:2, the adjustment article 2:4 about children and the adjustment article 2:5 about the mentally ill, a possibility to adjust a non reasonable damage claim. If the liability insurance covers the damages no adjustment is made. Even when the adjustment articles are being used the damages is a heavy burden for the person who is liable for the damages.

Laglottsskyddet : Ett nödvändigt skydd eller ett föråldrat system?

This paper deals with the legal situation surrounding the legal statutory portion. The purpose of this paper is to investigate the statutory portions function in our society, does the rule fit into today?s society? To carry out this study, the authors analyzed the legal situation accordingly to the legal dogmatic method. Emphasis has been placed especially on laws but also non-government bills and doctrine.The statutory portion was introduced in the Swedish system, as early as in the 17th century. Its primary purpose then was to ensure a heritage to the descendants? heirs.

Avveckling av överkonsolidering i försäkringsverksamhet : fallet SPP

As an assurance company has an overconsolidation which must be settled the question that needs to be solved is how to do it. Which are the legal rules that the assurance company has to look after? What is a settling of overconsolidation in a legal meaning? Does an assurancepolicy have to be decided? Why did not the Swedish competition authority (Konkurrensverket) accept the policy from SPP and what can be the consequenses of that decision? Are there any tax rules that needs to be solved?.

Räddningstjänst : Definition, ansvar och samverkan

The purpose of this legal dogmatic Bachelor Thesis is to define the legal definition of ?a rescue service? and illustrate the division of responsibilities between national authorities and the municipalities with regards to the execution of emergency response operations.?A rescue service? means the emergency response actions that national and municipal authorities are legally obliged to provide to prevent or minimise injury to people and damage to property or the environment when emergencies occur or seem imminent. In the following cases a national authority is responsible for providing the requisite rescue service:1. Search and rescue (air) ? the Swedish Civil Aviation Authority is the responsible authority;2.

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