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406 Uppsatser om Out of court settlement - Sida 7 av 28
Saklig grund för uppsägning av personliga skäl : ? En studie som ämnar ge en klarhet i vad kravet på saklig grund vid en uppsägning av personliga skäl innefattar.
The main purpose of this study is to investigate and with it clarifying what is meant by a dismissal for personal reasons must be based on valid reasons. More specifically, what is valid reason and what is required for that demand to be regarded as fulfilled.To my help to achieve this I have asked questions such as what kind of behavior from the employee can be the basis for a valid termination of the employment, what factors do the court put emphasis on in a trial and what is the requirements for the employer during the dismissal.The study has further objectives which are to illustrate the phenomenon of valid reason from a diversity perspective and from an international perspective. To achieve those objectives following questions have been asked: Is some groups covered in a greater extent than others by the requirement that a termination of employment must have valid reasons and are there international counterparts to the Swedish requirement that a dismissal must be factually based.What emerged from the study judicial inquiry is that the phenomena to which the employee is guilty of first is to see as valid reason when the employee are aware of the obligations undertaken in the employment but acting against them and inflicts some sort of damage for the employer.With regard to the employer's obligations in a termination proceeding are they to see as comprehensive and can be summed up to the fact that the employer should do everything in his power to avoid a dismissal.When it comes to the factors a court should take into account is this also a matter of major proportions. The court shall take into account all of the circumstances relating to the dismissal, which means that, with absolutely certainty, determine in advance what the court will decide is an almost impossible task.Furthermore, it emerged from the study that the requirement that a dismissal for personal reasons must be based on valid reasons may come to certain groups of workers to a greater extent than others. The study's investigation also indicates that the Swedish legislation, as it reads today, probably in breach of regulations enacted by the European Union. .
Food preference in African Elephants (Loxodonta Africana) and the impact of Bomas in the vicinity of and in Masai Mara National Reserve
In the Maasai Mara National Reserve the native people, the Maasai, have lived for a long time following their own traditions. Their traditional lifestyle is that of a nomadic people, leading their cattle to the best grazing. Sharing their land with a large variation of different animals, one of them being the African Elephant (Loxodonta africana), the Maasi people have since long adapted to a life side by side with these giants, as well as the fierce predators living in the area.The aim of this study is to determine whether the Maasai settlement, known as Boma, has any impact on the elephants in the surrounding area. In order to conclude whether the bomas has an impact or not, observations of the wildlife were carried out. Observations were conducted in two different seasons, in December 2003 and May/June in 2004.
En ny diskussion kring religionsfriheten : Alternativ till religionsfrihetsbegreppet under Europakonventionen och Europeiska domstolen för de mänskliga rättigheterna
Freedom of religion or belief is indisputable in Human rights discourse, more discussed is exactly what it is that is included in the concept of freedom of religion or belief (in Swedish: religionsfrihet). This thesis focuses on the freedom of religion or belief in a European context, in particular on the European court of human rights and article 9 in the European convention for human rights. Some criticism has been directed against the Court to the effect that its practice and verdicts don't answer to the pronounced desire to develop a pluralistic and inclusive form of freedom of religion or belief.My aim is to examine, analyse and test three different theories, which all try to develop alternatives to the expression freedom of religion or belief, in relation to six verdicts from article 9 in Europe convention. My basic purpose is to try to find new ways of talking about freedom of religion or belief that might lead to a more inclusive, pluralistic and equal interpretation of that concept.The three theories wich I use are elaborated by Richard Amesbury (associate professor at Claremont school of Theology); Hugo Strandberg (TD at Åbo Akademi) and Eberhard Herrmann (professor in philosophy of religion at Uppsala University); and Martha Nussbaum (professor of law and ethics at the University of Chicago). The six cases from the European court are: X v.
Avskaffande av exekvaturförfarandet : En studie av kommissionens förslag till en reviderad Bryssel I-förordning
In order for a judgement to be enforceable in another Member State, there is a certain requirement for an "intermediate? court procedure, a so-called exequatur procedure. An exequatur procedure is both expensive and time-consuming. The average cost of the procedure within the EU is 2 200 euro in a case without particular difficulties. In more complex cases, the cost of the procedure can be validated up to 12 700 euro.
Unga lagöverträdare - Samhällets kompromiss? : En studie av socialtjänstens yttranden
AbstractIn Sweden all persons under the age of 18 are considered children. The age when it is possible to be held responsible for a criminal act, and therefor convicted in court, is 15. Society?s and, perhaps first and foremost, the authority?s attitude towards juvenile crime is that they should not be equal adults in the process within criminal law. Because children are considered essential for the society of tomorrow, it is important to pay extra attention to crimes committed by juveniles.
Skiftande maktbalans? : - en analys av det nya EU-fördragets konsekvenser för EG-domstolen
ABSTRACTUniversity: Växjö University, school of social science, department of political scienceLevel: Bachelor?s thesis in political scienceTitle: SHIFTING BALANCE OF POWER? ? an analyze of the new EU-treaty?s consequences for the EC-court.Academic adviser: Associate professor Stefan HöjelidAuthor: Magnus NordahlThis study focuses on the increased role of the European Court of Justice through the establishment of a Constitution for Europe and its impact on the balance of power, both horizontal and vertical.To do this, the study takes its aims from the research problem, formulated as follows:Does the establishment of a constitution for Europe contribute to an increased role for the European Court of Justice and does it create a more legible horizontal and vertical division of power?To reach the relevant analyses and conclusions two precise questions are presented as well as an analytical model. The precise questions are:? Which are the relevant contributions for the balance of power from a perspective of juridification in the new EU-treaty?? What impacts do those contributions have on the so called ?European federalism??The theoretical perspective of this study is rooted in the concept of federalism with special emphasizes on constitution and sovereignty as well as a part about the process of juridification. Along with the presented analytical model consisting of a horizontal and vertical division of power, the empirical material is presented with focus on the new EU-treaty about a constitution for Europe and the European Court of Justice.
Bosättning, agrarkris och fäbodväsende : vegetations- och markanvändningshistoria i Läde, Dalarna
By using pollen analysis, 14C-dating and historical sources, I studied the history of vegetation and land use at an abandoned forest settlement near the Lade summer farms in the parish of Mora, Dalama. The aim of this paper is to investigate the agricultural establishment and development, the effects of this on forest vegetation, and the origin and development of summer farming.
The analysis of pollen in a peat core revealed that a settlement was established at Lade around 1000 AD. Cereal cultivation, hay-making on the mire and extensive forest grazing were intro-duced as a complete agricultural system. Pollen analysis and the presence of ancient fields suggests that cultivation took place on permanent fields. Barley was the main crop, but rye and hops/hemp were also grown at the settlement.
Dimensionering av betongplatta på lös undergrund. En jämförelse mellan tre beräkningsprogram
Today more effective computer programs are in use, regarding design of geotechnicalconstructions. There is a risk that the theoretical background of the computerprograms, its limitations and the signification of the choice of soil parameter isforgotten when the computer programs become more user-friendly.This Master thesis deals with simulation and analysis regarding three computerprograms, FEM-design, with the addition Raft, Plaxis and BE-slab. Comparisons aremade for settlement and maximum moment in a concrete-plate. FEM-design is a threedimensional FEM-program, foremost created for design engineers. Plaxis is a twodimensional FEM-program, intended for geotechnical engineers while BE-Slab is aBoundary elements program in two dimensions that is mainly used by designengineers.
Fri rörlighet av varor : Art 34 FEUF och åtgärder med motsvarande verkan - "från Dassonville till Trailers målet"
The characteristics of free movement is the elimination of obstacles to trade between Member States and thus by such, create free movement within the entire union. Therefore art 34 in the Treaty of Lisabon (FEUF) states that all quantative restrictions on imports and measures of equivalent effect are prohibited. The legal approach to measures having equivalent effect is still unclear and the purpose of this paper is therefore to propose a solution to that particular problem. What can be said when it comes to this rule is that the EU-Court has gone from applying a discrimination test to a market access doctrine.According to the Court´s case law, measures having equivalent effects to quantative restrictions are ?All trading rules enacted by Member States which are capable of hindering, directly or indirectly, actually or potentially, intra-community trade?. The question of how to apply the test when it comes to a potential hinder to intra-community trade is still unclear.
Besittning av och rådighet över medel innestående på konto
The possession over bills and coins has, on the whole, been replaced with a credit balance on an account. Almost all payments today are processed by transmitting digital data and not by using cash. The credit balance on an account is a demand that the holder ofthe account have towards his bank. Law regarding three part relationships: By using Göranson?s theory you can say that the credit balance on an account may be object of possession.
Hyllningsmusik till Karl XI : En studie kring 18 tillfälleskompositioner
This paper is a study of 18 extant pieces of panegyrical music for the Swedish king Karl XI (1655?1697). The compositions are preserved in two forms. There are a few contemporary prints, but the largest amount of music is preserved as manuscripts in the Dübencollection (Uppsala University Library). The paper focuses on four different aspects of the production of these 18 compositions.
Vägen bort : En textanalytisk studie av rättsdomar
The intention with the study is to describe the home and life conditions for boys at the age range between 13 to 18 year, who has been under custody according to the § 2 LVU.The empiric is 21 real court cases, judged in Stockholm and to Stockholm counted surround-ings 2006, in which the range of the boys were representative.A text analyze method is used to execute the study. The study penetrates the life situation of the caregiver and how their situation affects the boy and the boys actions.The total conclusion of the study, based on an ecological evolution perspective, is that life-situation of the caregiver affects the boys and the boys actions.The boys are affected negatively by the situation of their caregivers, and according to the study, the boys have established own problems, like difficulties in school, criminality, or other psychological diagnoses. They are also often exposed to physical or psychological violence by the caregiver. Additionally the conclusion is that the caregiver neglect the boys in many other ways, prior themselves and their needs before the boys..
Banden mellan historia och arkiv
Freedom of religion or belief is indisputable in Human rights discourse, more discussed is exactly what it is that is included in the concept of freedom of religion or belief (in Swedish: religionsfrihet). This thesis focuses on the freedom of religion or belief in a European context, in particular on the European court of human rights and article 9 in the European convention for human rights. Some criticism has been directed against the Court to the effect that its practice and verdicts don't answer to the pronounced desire to develop a pluralistic and inclusive form of freedom of religion or belief.My aim is to examine, analyse and test three different theories, which all try to develop alternatives to the expression freedom of religion or belief, in relation to six verdicts from article 9 in Europe convention. My basic purpose is to try to find new ways of talking about freedom of religion or belief that might lead to a more inclusive, pluralistic and equal interpretation of that concept.The three theories wich I use are elaborated by Richard Amesbury (associate professor at Claremont school of Theology); Hugo Strandberg (TD at Åbo Akademi) and Eberhard Herrmann (professor in philosophy of religion at Uppsala University); and Martha Nussbaum (professor of law and ethics at the University of Chicago). The six cases from the European court are: X v.
Markavvattningsföretagens geografi och konsekvenser i Trosaåns avrinningsområde
Agricultural drainage is widely used to manage the amount of water in the ground in order to improve conditions for cultivation. However the effects of drainage companies on water regimes are considerable leading to runoff changes such as altered stream flows, peak flows and water levels. In a greater extent this could imply an increased risk for floods along affected watercourses. This study analyzes the extension of agricultural drainage within the drainage basin of Trosaån in Sweden by ArcGIS mapping. In a statistical analysis, historical variation in streamflow in relation to mean precipitation and mean temperature are investigated for the study area.
Pantsättning och överlåtelse av bostadsrätt : En utredning kring brister, problem och lösningar
One fundamental principle in Swedish contract law is that passive acceptance does not constitute a binding acceptance of an offer. Still, business owners use the consumers unknowing of this, and form offers saying passivity will lead to a binding agreement. Business owners are thus trying to ?negatively bind? the consumer to agreements. There are rules prohibiting this kind of actions in the Swedish marketing law (MFL).In order to find out what constitutes this forbidden kind of agreement-entering according to the Swedish Market Court, an analysis of seven cases settled between 2002-2009 and concerning consumers in these situations, is made.