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784 Uppsatser om Legal certainty - Sida 6 av 53

Jämförelse mellan gamla PBL och nya PBL : Med fokus på bygglovets överklagande och möjlighet att vinna laga kraft

This thesis provides a comparison of the old Planning and Building act (PBA) from 1987 with the new PBA, which entered into force in May 2011. The essay consists of a descriptive part that presents the regulation of both laws. The new PBA consists of several differences compared to previous regulation. This thesis will, however, primarily be centred around the regulation regarding building permit appeals and the possibility of building permit, to gain legal force.In the old PBL, there were no regulations that result in a building permit decision could be made effective. Instead, a building permit could, long after the decision had been made, be over-challenged.

Angelägna allmänna intressen : En begränsning av möjligheten att genomföra kommersiellexpropriation?

Commercial expropriation occurs when real property is compulsory acquired by a private operator. This phenomenon is relatively new and has been criticized not only because of the rules concerning compensation, but also from the point of view of permissibility.An intervention in the protection of property must fulfill the requirement of important public interest set out in RF 2 kap. 15 § in order for it to be allowed. There is no definition regarding what constitutes an important public interest, the only thing that exist is a non-exhaustive list in the preparatory work. This in turn has led to the creation of a broad discretion when it comes to determining what constitutes important public interests.

Förfoganderättsinskränkningar vid fastighetsöverlåtelse : med fokus på överlåtelseförbud i onerösa avtal

The purpose of this thesis is to investigate if a transfer restriction in a conveyance of real property for consideration is legally binding. In doctrine the legal situation is described as unclear. It will also be investigated if the restriction is binding in relation to the acquirer´s creditors and in relation to a new owner of the property.A transfer restriction in a conveyance of real property for consideration is legally binding between the parties and in relation to a new owner of the property. Even though the restriction is binding between the parties and in relation to a new owner, it is not binding in relation to the acquirer´s creditors. The Supreme Court has stated that it is a general legal principle that a transfer restriction in a conveyance for consideration is not binding in relation to the acquirer´s creditors.In this thesis it will also be argued that the legal situation is inconsequent.

Matematik i förskolan : Ur pedagogers och vårdnadshavares perspektiv

The purpose of this study is to find out how the teachers in preschool work with mathematics. How educators working to promote children's mathematics learning and how educators visualize math work. How they plan, implement and document the work of mathematics. I also want to find out how legal guardians perceive their children's mathematics learning in preschool.I have chosen to do interviews with the educators and survey legal guardians to make visible the work of mathematics in kindergarten. I interviewed six teachers who work at both younger and older children department.

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.

Parallel Registration of Ships

In present there is no Swedish legislation regulating bareboat registration of Swedish ships. Despite this absence however shipowners with vessels already registered in the Swedish Vessel Register do not hesitate to take advantage of the positive aspects of bareboat registration and thereby allowing the registration of their ships in another State as well. The fact that there is a lack of legislation in this area has left a legal loophole resulting in Swedish ships being registered in a second State without any regulation providing options or protection for the different parties involved. With this as a background, the main objective of this thesis is to analyze parallel registration of ships, its consequences and the future of dual registration in Sweden. To fulfil this objective another aim is to impart a collected legal and economical presentation of the problems that may occur when a bareboat chartered vessel is registered in two different States simultaneously.

EU- medborgarskap Utifrån ett individ- och arbetstagarperspektiv

The EU- citizenship was established in the Maastricht Treaty in 1993. This citizenship involves rights to free movement, election rights to the European Parliament, diplomatic protection and the right to petition to the Ombudsman. In my analysis I discuss the implications of the EU- citizenship for the individual. The development and legal status of the union citizenship is examined in order to give a general understanding of the implications. In addition, I conduct a case study concerning the EU- citizenship's impact on workers rights.

Konkursboets miljörättsliga ansvar : Särskilt vid gruvverksamhet i konkurs

The thesis addresses the issue of when a bankruptcy estate, under environmental law, is responsible for the debtor?s environmentally hazardous activities. A fundamental principle of insolvency law is that the bankruptcy estate is not responsible for the debtor?s prior obligations. The environmental legal rules do not distinguish whether an injunction liability is directed against a bankruptcy estate or another operator.

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.

Kroatien - en studie av ett land i övergång mot en konsloliderad demokrati

Croatia became an independent country 1991 and has since then strived to reach a democracy level, which can lead to membership of the European Union. The purpose of this essay is on the basis of consolidate democratic perspective to illustrate Croatia?s democratic development.In order to fulfil the aim, I have applied a qualitative text analysis technique. Through analysis of books and documents, data was collected to accommodate a valid result. I have used consolidated democracy, with its five areas (political, civil, economic, legal and bureaucratic), as my theoretical framework to the data, to provide answers and develop an analysis.The conclusions show that the consolidate democracy in Croatia has developed a lot since the independence, and Croatia is on its good way to turn into a democratic state like other West-European countries.

Barnets Bästa : ? om rättssäkerhet i Högsta domstolens vårdnadstvister

The purpose of this study was to explore if and how the Swedish Supreme Court are using the concept ?the child?s best interest?. This concept is used a lot in Swedish legislation, but it needs interpretation every time it´s used and is often perceived as unclear. This makes it interesting to see how this affects the individual child´s legal rights. Furthermore I want to see if the Supreme Court listen to the child´s own opinion and if not, are there any justifications to why not.

En studie om ensamkommande barns situation

In this study the semi structured interview method was used to explore what kind of knowledge one In State Authority: The Migration Board, and three Non Governmental Organisations: Red Cross, Save the Children and ISS- International Social Service have about the situation for separated children. Another purpose in this study was to explore if people who are close to the children are working for the best of the children and if their cases were treated with legal security. The result shows that the children?s cases are not treated with legal security and some of the children suffer psychologically from separations from the families and other children need new families because they were maltreated. The result also shows that there are signs that separated children are discriminated compared to children with a Swedish background..

Stress i arbetslivet - organisationsstrukturers påverkan på anställdas upplevda stress

The right to freedom of conscience is protected by international conventions and declarations of human rights that have been ratified by Sweden. Nationally, the issue of health professionals? right to freedom of conscience in the abortion care is not resolved by public inquiry. This has led to that Sweden has been notified to the European Committee of Social Rights on the grounds that the country is considered to be violating the Council of  Europe Resolution 1763 and that the proper question to be determined by regulations of the interests that are balanced, based on their legal value in relation to each other. Freedoms, rights and obligations conflict with each other.

Gemenskap och utanförskap i bemanningsbranschen : En studie om inhyrda arbetstagares psykosociala arbetsmiljö.

The aim of this study is to examine the legal regulation regarding the psychosocial work environment for temporary agency workers. Furthermore, the aim of the study is to examine how temporary agency workers perceive their psychosocial work environment, and possible consequences of such perception. The methodology of the study consists of practical legal method and qualitative method in the form of interviews.The results show that the psychosocial work environment for temporary agency workers is regulated at both the EU legal level by Directive as well as at national level in Arbetsmiljölagen and regulations issued by Arbetsmiljöverket. The study finds that health and safety responsibility for temporary agency workers is shared between the agency and the client company. The result of the study indicates that there are shortcomings in the introduction and training of temporary agency workers, which can contribute to an unsatisfactory work environment.

En beskrivning av informationsmiljö därdatumstyrda förhållanden råder : En fallstudie av en myndighet och dess informationsmiljö med rättsakter

In this study a case study was conducted at the Transport Agency. The government agency is seeking better alternatives to its current ways of keeping track of important dates stated in legal documents. The agency wants to explore the possibility for an IT-solution for keeping track on those dates. In the case study change analysis was conducted on the vehicle type approval process. Qualitative interviews were conducted with a section manager, vehicle type and component approvers, and with a system administrator and a system manager at the Transport Agency in Borlänge.

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