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736 Uppsatser om Legal - Sida 13 av 50
Proportionalitetsprincipen : En studie av dess inverkan i LOU
The principle of proportionality is considered one of the most important contemporary Legal principles on which it intends to protect individual citizens against disproportionate action by the authorities. This aroused our interest prior to this study. The essay reveals how such behavior might look like and how courts have chosen to adjudicate in cases where the individual has been discriminated against or subjected to unreasonable demands in public procurement. That section of the law that were current throughout all court cases are Public Procurement Act (2007:1097) LOU. That which we have seen in every court case is that the applicant has not received a proper fair chance when the requirements of the contract often been asked in a way that either exclude the smaller applicant company or rule out various potential applicants parties due to excessive and sometimes unnecessary requirements.
Generationsskifte i familjeägda bolag : Med inriktning på arv och testamente
Swedish family companies are facing a tremendous change in the form of generation changes because of the large part of owners that are about to retire. If all 45 000 to 50 000 family companies ceases to exist, Sweden looses a significant part of business trade.There are numbers of different methods for an older generation of owners to transfer their companies to a younger generation such as inheritance, gift, will, internal stock transfer, division?s etc., where inheritance is the most complex area. That an owner of a company dies without any plan for the future of the company is not preferable because the rules of Legal successions occur. The law system regarding inheritance is usually not a good method since the surviving wife, who has the primary right to the inheritance, may not be interested in the company.
Våldtagen eller inte? En studie kring professionellas syn på den våldtagna kvinnan och den rättsprocess hon genomgår
Many sexual crime matters are in a difficult position when it comes to proof, where it's word against word between the parties. However, the legislation states that it's the offender's actions that are to be in focus for the judicial judgement, but often the focus is on the woman, whether she said no and how she acted in that particular situation (Sutorius & Kaldal, 2003).The purpose with this essay was to investigate the professionals' view of the raped woman and what image the professionals convey/construct of the Legal proceedings she goes through. With professionals, we mean lawyers and other professionals that function as support or treatment contacts for raped women. The questions we considered to be relevant for our investigation were: What image of the raped woman do the professionals convey? What image of the crime rape do the professionals convey and what image do they convey/construct of the Legal proceedings the woman goes through? How is the view of the raped woman constructed in society? We considered qualitative interviews mixed with earlier studies and theories to be the best investigative method for our purpose.
Implementeringen av miljöansvarsdirektivet i den svenska rätten : En europarättslig studie om förvaltningsförfarandet vid miljöskador utifrån principerna om god förvaltning och processuell autonomi
The aim of this thesis is to examine how the EU directive 2004/35/EC on environmental liability impacts the Swedish administrative Legal order. The thesis examines the directive through two main EU principles - the principle of good administration and the principle of procedural autonomy. The EU principle of good administration as a concept contains various procedural and substantive obligations that make up the subject for examination of the directive, both as regulated in the directive and as general principles of EU law. The directive is analyzed using a comparative method to determine to what extent the procedural and substantive principles of the directive impacts the Swedish administrative law, and weather or not the Swedish regulations comply with the EU principle of good administration.The results of the study shows that, althought there?s a general principle of national procedural autonomy, the EU principles of good administration do affect the Swedish administrative regulation in various aspects, through the implementaion of the directive on environmental liability as well as general principles of EU law.
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.
EU om olagligt och skadligt innehåll på Internet. En diskursteoretisk analys
This thesis analyses how the European Unions institutions deal with the issue of ilLegal and harmful content on the Internet in key documents presented during the period 19961999. Particular attention is attached to content where the Legal status is determined in relation to the user and to content that is Legal, but characterized as harmful and entailing a need for special protective measures. The theoretical and methodological approach draws on discourse theory as formulated by Laclau and Mouffe. The thesis studies how the problem is represented in key documents from the European Commission, the Council of the European Union, the European Parliament, the Economic and Social Committee and the Committee of the Regions, with particular regard to the discourse on harmfulness, the child and Europe. The findings are that the overall discourse has shifted focus over time, from an emphasis on the protection of minors toward a more market-oriented discourse stressing the importance of protecting the competitiveness of the European economy.
Omfattning och differenser av gränshävder kontra registerkartan i Boda, Skellefteå kommun
The cadastral index map is a great benefit to the surveying and governments. The map's main purpose is to show how the overall cadastral division looks in Sweden. The lack of quality of the cadastral index map dose not allows property-owners to know where to draw the boundary between their and others' property. In order to know where to find the boundaries between two properties, is it up to the property-owners themselves (self or in company by the other property-owner) to construct various usucaption at the boundaries. The main objective of the study is to verify the existence and extent of usucaption on forest properties in Bodan, a village outside Skellefteå.
Medling i dispositiva tvistemål : En kritisk utvärdering av det svenska systemet
This paper is a critical evaluation of the Swedish system with special mediation. The district court has the opportunity, in cases that are amenable to out-of-court settlements, to refer the dispute to special mediation. However, this is extremely rare, even though the legislature expressed a desire to increase the use of alternative dispute resolution. In 2011, a series of measures were taken to increase the use of mediation and strengthen mediation attractiveness. What effect can be inferred from these actions today, over three years after their introduction? This study analyses the main reasons offered for why mediation is not used more, and what should be done to increase the use of mediation.
Planerar du barn eller föräldraledighet? : En uppsats om arbetssökandes skydd vid anställningsförfarandet.
The subject of this bachelor thesis is discrimination and unfair treatment in the employment process where employers discriminate against job applicants. The purpose of this study and research questions is to investigate and clarify the Legal protection available against discrimination and unfair treatment of pregnant women and persons on parental leave during the employment process and how this protection differs between men and women. This thesis highlights the Swedish law and EU law regarding discrimination and unfair treatment of individuals. The concept of discrimination and its requisites will be accounted for and exemplified by case law. This statement will be analyzed along with the relevant case law of the EU-court and the Labor-court.
Informationsanpassning på kapitalmarknaden : En studie inom Investor Relations
Investor Relations is a function used by companies to compete for capital by creating relations with investors. It is a young function, earlier practiced by the same people who had responsible for exercising the Public Relations.Investor Relations has evolved a great deal lately but there are still no concrete theories behind the function. The aim though is clear and there are literature explaining how to practice the different parts. The most research within Investor Relations uses the theory of Relationship Marketing. Lately the two authors Hägg and Preiholt have started to examine what they call Financial Marketing since Investor Relations is about relations between actors on financial markets primarily.In this paper, we examine the aspect of information in Investor Relations.
Commercialisation of inventions from a legal and business perspective
This thesis is about university spin-offs and the competition in high technology industries. In the light of efforts to increase the competitiveness of the European Union, an effective transfer of cutting edge technology from universities to the industry plays an important role. University spin-offs, start-ups founded to exploit academic inventions, are likely to face considerable market entry barriers. This is among other reasons due to high capital requirements for further technology development and lack of complementary resources. With a combination of relevant literature and empirical investigation, commercialisation of technologies within spin-offs is investigated and analysed.
Ett (o)tillåtet undantag eller en (ny)etablerad regel? : - En studie av den nuvarande folkrättsliga regleringen av humanitär intervention
AbstractThis essay has as its purpose to discuss the current Legal regulation of the concept of humanitarian intervention. The inconsistencies in the debate over the Legal status of this concept, and the Legal uncertainty it brings to the acts of states and the lives of their nationals is a motivating factor for the writing of this essay. However, it has been clear from the outset that the concept of humanitarian intervention is intricately connected to political and moral ideas and values. Thus, the attitude taken towards this doctrine will be highly dependent on the perspectives of the state, government or single author representing it.Following this starting point, the aim of this essay is not to present a single answer as to whether humanitarian intervention is, or is not, Legal, but to research, compare and analyze the different arguments put forward in this subject in international law today. Hopefully, this will provide the reader of this essay with some insight into the sources of international law of today and how the principles of state sovereignty, non-intervention, the prohibition of force and the protection of human rights relate to the concept of humanitarian intervention.A frank overview of the UN Charter does not support use of force except in the case of self-defence or without a Security Council mandate.
Skatteverkets tolkning av 3:9 och 3:10 IL. : Är tolkningen förenlig med lagstiftaren syfte?
AbstractThe purpose of this bachelor thesis is to investigate whether Skatteverket?s interpretation of 3:9 and 3:10 IL is consistent with the legislator?s purpose with these rules.The bachelor thesis is written with a Legal approach which seeks to use all sources of law in accordance to its Legal source value.Individuals who are considered as tax residents in Sweden have the opportunity to be granted tax exemption according to the six-month-rule and the one-year-rule if the individual works abroad. If the income is taxed in the country of source and the individual has been working there for more than six months, the six-month-rule can be applicable. If the income has not been taxed in the country of source, the individual still can be granted tax exemption through the one-year-rule, but to do so he has to work in the same country for at least one year. Both rules require that the individual does not visit Sweden more than 72 days in a time span of one year.Skatteverket has, in its consideration, decided to add the 72 days on which an individual can visit Sweden with a new number of days, 24 days, which individuals can visit third countries.
Det personliga betalningsansvaret i 25:18 ABL : Tidpunkten för en förpliktelses uppkomst i leveransavtal
Currently there is a tendency in the EU to adjust the minimum-capital requirement. In France and Germany the requirement for private limited liabilities has been totally abolished, whilst other countries have chosen to reduce their requirement. The Swedish law concerning the minimum-capital requirement is from 1st of April 2010 being lowered to 50 000 SEK. In common law jurisdictions such as United Kingdom and USA a minimum-capital requirement does not exist. The european main argument to keep such a requirement is that it accomplishes a creditor protection.
Decemberkompromiss eller Januariförlovning? : - en komparativ studie av svensk och finsk avtals- och arbetsmarknadsstruktur, reglering kring kollektivavtal samt reglering kring stridsåtgärder och sympatiåtgärder.
Declining union memberships are a fact in both Sweden and Finland. At the same time, the autonomous labour market parties and the high membership rates are the most significant factors for the two countries compared to Europe and the rest of the world. These two factors have in turn been developed and strengthened since the beginning of the twentieth century. By autonomous labour market parties I refer to the fact that the labour market parties themselves through collective bargaining are agreeing on the labour market conditions, without interference from the government.This paper is therefore taking it's stance in the question of what happens with the autonomous labour market parties when the membership rates are in decline. With this in mind, this paper describes the judicial development, the collective agreement and labour market structures, the Legal consequences of collective agreements and the opportunities of industrial and sympathy action in both Sweden and Finland. The two countries' systems of labour law have caught some negative attention, hence two of the most discussed cases of recent years are given some attention as well. The collective judicial conditions are very similar in both Sweden and Finland regarding the labour market main actors' collaboration, the collective agreement structures and Legal consequences and the opportunities of industrial and sympathy action.