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3165 Uppsatser om Legal aspects - Sida 2 av 211
Mellan lag och rätt : en rättsvetenskaplig studie av kommunala riktlinjer avseende ekonomiskt bistånd i Stockholms län
The purpose of this essay was to examine municipal guidelines regarding the administration of the social assistance, collected from 18 municipalities in the Stockholm-area to achieve a greater understanding on how they were constructed in respect to the legislation and how the language mediated their contents. The Legal aspects of the social assistance was studied through a jurisprudential method in which the legislative history, texts of laws and case laws were examined. The empirical aspect of this essay was studied through a hermeneutical method and analyzed through theories of social constructionism and legal pluralism. The results from the jurisprudential study were also used to understand how the municipal guidelines were constructed in relation to the law. The results of this essay corresponded well with previous studies in this field where considerable divergences in the approval of social assistance have been established.
Mezzanine - en efterställd fordring: En utredning av rättsliga förutsättningar vid obestånd för fordringsmezzanine
Mezzanine is a collective term for hybrid instruments on the leverage finance market, offered as an alternative to traditional debt. As a hybrid, mezzanine combines elements of debt and equity financing. Mezzanine appears, in its most common shape, as subordinated to the senior debt, but ranks higher than pure equity. Reminiscent of security interests, the main importance of subordination is upon the default of the borrower. Therefore, the aim of the thesis is partly to investigate the legal prerequisites for a solid subordination of mezzanine financing, and partly to explain the consequences of subordination in a default.
Den europeiska arresteringsordern : ett rättssäkert förfarande?
The European union started as an area of economic cooperation, but has developed into an area of cooperation in many legal fields. There are these days even cooperation when it comes to dealing with criminals. There is a new procedure called the European arrest warrant which goal is to make the extradition of criminals between the different member states in the European union more efficient. Sometimes when a state receives a European arrest warrant they have to extradite the person in question without doing any investigation of their own. The procedure is based on the principle of mutual recognition.
Omedelbart omhändertagandeenligt 6 § LVU : -en granskning utifrån ett rättssäkerhetsperspektiv
The main purpose of this study was to examine how social workers interpret and legally practice the 6 § LVU (Care of Young Person´s Act) in regards to legal cer-tainty. The papers intention was to investigate and describe the legal scopes limits and deficiencies, linked to practical social work. The study was composed on a legal dogmatic method which implies to examine the law and its elaboration. The investi-gation was based on different court rulings of care of youths according mostly to 6 § LVU. Perusal and interpretation of the rulings have been necessary in order to clarify the issues.
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.
Partnerskapet: trygghet eller en illusion? : En intervjustudie med lesbiska kvinnor som ingått partnerskap
I have critically examined heteronormativity as it permeates our society and questioned ?identities? as designed and constructed, leading to certain identities being seen as normal, while others are regarded as abnormal.I have had a discussion with my informants about love, monogamy, amicable and relationships. Every couple has basically isolated themselves after they became a couple and they feel secure with one another. The partnership is very important for my informants, partly because they see the partnership as a legal and economical security. However, these aspects are not crucial to the decision that they chose to marry, for the main reason is love and the desire to take the relationship one step further.
Att leda - N?r juridiska krav kolliderar med personliga v?rderingar
This study aims to analyze the effects of the proposal regarding mandatory reporting for undocumented individuals within the Swedish public sector and how this potentially affects leaders in their efforts to motivate their employees to comply with this requirement, which is considered ethically charged. The primary focus is to understand how these leaders can motivate their employees considering legal requirements that are both legally binding and ethically sensitive.
By interviewing leaders from various sectors within the public domain in multiple Swedish municipalities, this case study seeks to highlight the challenges arising from the amalgamation of legal mandates and ethical dilemmas. Its goal is to provide insights that can support these leaders in their complex decision-making regarding such issues. The study addresses theoretical aspects such as change management and critical organizational theory.
The study's findings indicate that political decisions play a pivotal role in the processes of change within public operations. Resistance to change varies and takes various forms.
Den anonyma handeln på värdepappersmarknaden : några juridiska aspekter
Trading financial securities at stock exchanges and other authorized market places is today a particularly important socioeconomic phenomenon in many industrialized countries. A well functioning securities market is crucial for the economic development in these countries. The modern trading with stocks and other financial securities is characterized by the fact that the majority of the transactions at the stock exchanges are carried out through various intermediaries. The ultimate counterparties that are involved in a securities transaction (the seller and the buyer) are often unknown to each other. The anonymity in the securities trading implies several interesting legal problems.
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.
Socialtjänsten och barn till irreguljära immigranter : en rättsvetenskaplig undersökning
The aim of this study was to examine how the social services could investigate and support children of irregular immigrants within the boundaries of the law. More specifically it aimed to examine the legal possibilities and obstacles for the social services to support irregular immigrants, how the officials at the social services act considering the Legal aspects, and how they reason morally and ethically when dealing with irregular immigrants. To answer the aim of the study the theory of positive law was used combined with qualitative interviews with two officials at the social services. Moreover a small quantitative telephone study with officials in the social services and with voluntary organizations was made. The study has used theories of sociology of law, law and ethics, and professional (civil) disobedience.
Elektroniska konossement i Sverige. Elektroniska registreringar och reglerna för konossement.
While this summary is written in English, the paper published is written in Swedish.The paper concerns itself with the legal status of electronic transport records in a Swedish context. The main question asked is whether rules for bills of lading should be applied to electronic transport records, or if they should be treated according to general rules. A secondary question is asked; partially to help put the main question into context and partially to see whether the different legal regimes will lead to different solutions to an issue. This second question is if electronic transport records can effect the transfer of property (sv. sakrätt).
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".
Finns det faktorer som särskiljer Stockholmsbörsens sanktionerade bolag från dess övriga bolag - En studie om Nasdaq OMX Stockholms Disciplinnämnd
Abstract: The purpose of this study is to examine whether companies listed at Nasdaq OMX Stockholm (Stockholmsbörsen) sanctioned by the legal unit Nasdaq OMX Disciplinary Committee (Disciplinnämnden), could be distinguished from the remaining companies that have not been sanctioned. As Stockholmsbörsen is the most influential unit when trading shares in Sweden, listed companies need to behave in Legal aspects. Actions and decisions that affect investors do also influence the listed companies and their performance. Some companies might be tempted to manipulate financial statements and public information to retain stakeholders; other miss to report properly without being fraudulent. To control this, the legal unit Disciplinnämden is introduced.
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.