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3072 Uppsatser om Legal effects - Sida 1 av 205
Skyddar aktiekapitalet borgenärerna? : Eller utgör aktiekapitalet de facto ett legalt hinder för entreprenörerna?
The purpose with this essay is to investigate whether the legal capital can be justified as creditor protection and whether the legal capital prevent entrepreneurship.Historically the legal capital has been justified by means of creditor protection. Nowdays the development within EU rather reduces or abolish the legal capital. Sweden has recently, 1 of April 2010, reduced the legal capital from 100 000 Swedish crowns to 50 000 Swedish crowns. In the preparatory work it has been admitted that the legal capital does not in reality offer creditors much protection. Although the lawmaker decides to retain the legal capital and justifies the legal capitals existence with the argument that involuntary creditors has the need of the legal capital.
Retentionsr?tt och Legal Pantr?tt: Tv? Rigida Begrepp i ett Flexibelt R?ttssystem? En studie om hur retentionsr?tt och legal pantr?tt kan hanteras med hj?lp av ett funktionalistiskt angreppss?tt
Possessory liens and legal liens are two securities that has been the subject of debate from legal scholars for quite some time. Possessory liens are often viewed as a weaker security compared to legal liens. However, upon closer examination it turns out that possessory liens in most cases provide the the same opportunity to sell the property withheld as security. This possibility makes possessory liens resemble, if not be identical to, legal liens. Both securities arise by operation of law and grant the right to both withhold and sell property in the event of non-payment.
Goodwill. IFRS3 & IAS36 - ?Big Bang? utifrån en revisors utgångspunkt.
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.
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.
Vad utgör resebyråns rättsliga ställning i förhållande till flygbolaget och resenären?
Normally when purchasing a trip, an airline, a travel agency and a traveler is included in the purchasing process. Mostly a travel agency acts as an intermediary between the airline and the traveler. The travel agency is not considered to have any major part to the contractual relationship, usually the purchase agreement is considered to be covered by the airline and the traveler as the main parties. This is essentially the view shown from a legal perspective on the specific area. The application of legal provisions on the travel agency?s legal status may nevertheless bring a certain amount of ambiguity in the interpretation.
Värvningsförbud av anställda och konkurrensbegränsande samarbeten
This thesis focuses on employers? use of non-?solicitation of employees in commercial contracts within the union?s internal market and how this can result in restrictive practices in violation of European law. Using legal method, legal economic considerations, and guidance from modern American legal development in antitrust law, this thesis is aiming to investigate how this kind of anticompetitive cooperation in the European labor market should be assessed. The result seems to be that despite a distinct and pronounced restrictive approach to the application of EU competition rules in the labor market, there are strong incentives and not any legal impediment to apply Article 101 TFEU on no cold call agreements between employers. .
"The Machine Made Me Do It!" : An Exploration of Ascribing Agency and Responsibility to Decision Support Systems
Are agency and responsibility solely ascribable to humans? The advent of artificial intelligence (AI), including the development of so-called ?affective computing,? appears to be chipping away at the traditional building blocks of moral agency and responsibility. Spurred by the realization that fully autonomous, self-aware, even rational and emotionally-intelligent computer systems may emerge in the future, professionals in engineering and computer science have historically been the most vocal to warn of the ways in which such systems may alter our understanding of computer ethics. Despite the increasing attention of many philosophers and ethicists to the development of AI, there continues to exist a fair amount of conceptual muddiness on the conditions for assigning agency and responsibility to such systems, from both an ethical and a legal perspective. Moral and legal philosophies may overlap to a high degree, but are neither interchangeable nor identical.
Förhållandet mellan ogiltighetsregler och konkurslagens återvinningsregler - regelhierarki, till vilket pris som helst...?
According to the Swedish Bankruptcy Act (SFS 1987:672) legal transactions can be reopened in cases of bankruptcy, if the transactions have been the cause of or were performed while the debtor was no longer solvent and thus harming the creditors. The legislations of the Bankruptcy Act chapter 4 §5 aim to protect creditors so that the debtor cannot withdraw their property in case of a forthcoming bankruptcy, as well as prevent creditors from taking measures against the debtor when the debtor is in financial difficulties. However, according to the Swedish jurisprudence there is a hierarchy as of according to which legal rules a legal transactions shall be enquired in case of bankruptcy. Firstly, a legal act must be valid, the transaction must thus be valid accordingly to either the law of contract, the law of property or according to the rules of corporate law. Each of these three legal areas have their own rules of annulment and any legal act has to be valid in accordance to any of the rules above before an action of reopening the transaction according to the Bankruptcy Act may be brought before a court.
Att göra affärer i Kina - rättsligt skydd i lagen och i verkligheten
This thesis looks at the difference between the legal protection in law and the legal protection in reality when a small company working with international trade comes in contact with seller's breach of contract. The thesis uses a case taken from a company with over 30 years experience trading with China and looks at the legal protection available along with the different possibilities of dispute resolution available to a company and then looks at the reasons why this legal protection never becomes a reality and the thesis also analyses some possible reasons for this gap between law in the books and law in reality..
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.
Kontokortsbaserade betalningssystem på Internet
Internationally most Internet trade related payments are performed with the use of a credit card based payment system on the Internet. Payment against invoice is still most common when trading over the Internet in Sweden. The security development, comfort and timesaving indicate that credit card based payment systems on the Internet soon will have a breakthrough in Sweden as well. The Swedish legislation concerning payment is neither especially extensive nor suited to electronic payments but to payments performed with notes and coins. When the Legal effects, of a payment performed with a credit card based payment system on the Internet, set in is not fixed.
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.
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.
Mål- och resultatstyrning inom domstolsväsendet: En fallstudie inom Migrationsdomstolen i Stockholm
The aim of this study is to enhance the knowledge of target and performance management?s effects on the judiciary. In the past decades there have been a number of reforms in the general public sector of many countries. The management philosophy often used to describe these public sector reforms is called New Public Management (NPM). One main theme has been an increased focus on the management control systems, for example a greater emphasis on target and performance management.