Trots principen om avtalets subjektiva begränsning kan det finnas skäl till att utöka ett aktieägaravtals verkningar mot förvärvande tredje man för att skydda beaktansvärda intressen. Då rättsläget är oklart är det av intresse att undersöka huruvida en tolkning med laganalogins hjälp mot sakrättens samt skiljerättens område kan klargöra rättsläget.För att ge läsaren tillräcklig bakgrund för analysen beskrivs rättsläget vad gäller aktieägaravtal och de bakomliggande teorierna rörande den analogiska tillämpningen. Därefter analyseras undantag till avtalets subjektiva begränsning, varefter en diskussion följer där frågan huruvida analogier kan dras besvaras.Resultatet av denna framställning är att en analogisk tillämpning kan göras mot de två undersökta rättsområdena, dock endast i begränsad utsträckning vad gäller skiljerättens område. En kombinerad applicering av möjliga analogier från sakrättens och skiljerättens områden på aktieägaravtal leder till ett resultat där aktieägaravtalets bundenhet mot både förvärvande tredje man samt kvarstående parter klargörs..

EU law is superior to Swedish domestic law, and it is on Sweden's responsibility to implement the COJ judgments so that it becomes compatible with EU law. The advantage of the Union being superior is the internal market given the member states.However, problems arise when the Swedish legislature goes further in its interpretation of EU law. Restrictions can be imposed but it must be considered to be strongly motivated so the restriction outweighs the need to maintain the freedoms granted by EU law. In Cadbury Schweppes, the court states that Restrictions on freedom of establishment may be done to counter artificial arrangements whose sole purpose is to evade the national tax. Its further stated that an artificial arrangement does not exist in those cases there is a real business, even through the establishment in the low-taxing country is economically justified. The Swedish CFC rules states that the general rule is that if an establishment in a country within the EEA, which have lower corporate tax than 55% of the Swedish tax, the shareholder of this company is taxed on its current share in Sweden. The outcome of Cadbury Schweppes has not been made into a general rule, it became the exception. In addition to that in Sweden it is presumed that the company is an artificial arrangement that expressly are prohibited by the EUD, as well been implemented to supplement the rule, where the Swedish legislature changes the meaning of the term granted by the appeal. The Swedish legislature has amended the original economically motivated establishment, to be commercially motivated. The term is undefined, but applicable elsewhere in the Incometaxlaw and from this one can find that, for an establishment to be considered as commercially motivated the decisions to establish should be taken to promote normal profit-making enterprises based upon commercially motivated decisions..

EU law is superior to Swedish domestic law, and it is on Sweden's responsibility to implement the COJ judgments so that it becomes compatible with EU law. The advantage of the Union being superior is the internal market given the member states.However, problems arise when the Swedish legislature goes further in its interpretation of EU law. Restrictions can be imposed but it must be considered to be strongly motivated so the restriction outweighs the need to maintain the freedoms granted by EU law. In Cadbury Schweppes, the court states that Restrictions on freedom of establishment may be done to counter artificial arrangements whose sole purpose is to evade the national tax. Its further stated that an artificial arrangement does not exist in those cases there is a real business, even through the establishment in the low-taxing country is economically justified. The Swedish CFC rules states that the general rule is that if an establishment in a country within the EEA, which have lower corporate tax than 55% of the Swedish tax, the shareholder of this company is taxed on its current share in Sweden. The outcome of Cadbury Schweppes has not been made into a general rule, it became the exception. In addition to that in Sweden it is presumed that the company is an artificial arrangement that expressly are prohibited by the EUD, as well been implemented to supplement the rule, where the Swedish legislature changes the meaning of the term granted by the appeal. The Swedish legislature has amended the original economically motivated establishment, to be commercially motivated. The term is undefined, but applicable elsewhere in the Incometaxlaw and from this one can find that, for an establishment to be considered as commercially motivated the decisions to establish should be taken to promote normal profit-making enterprises based upon commercially motivated decisions..

During the summer of 2005 more than 80 million articles of clothing from China, were being held in European harbours. This was a consequence of a striking increase of imported textile and clothing articles from China since the turn of the year, which was the time when all quantitative Restrictions were extincted on these products. To protect its own market, the EU therefore reintroduced import quotes in the beginning of the summer. China?s accession agreement to the WTO comprehends a number of unique provisional regulations which are exceptional for the country and in conjunction with clauses and exceptions within the GATT and WTO these regulations enabled new Restrictions on the trade with textiles and clothings.

The essay is about islam in swedish prisons. Problems and Restrictions from the view of muslim inmates, prison imams and the swedish muslim counsil..

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.

The aim of this master?s thesis in administrative law has been to study the property owners' legal rights when a third party impacts on the property. The essay is based on several case studies of landowners in central Sweden which has the purpose of forming a background to the legal studies of this field. The framework for current studies builds therefore on landowners' experiences of impairment and damages on their property and has been added to highlight a current problem that exists in central Sweden. The purpose of the study is therefore to see whether a protection in law is imposed on landowners with such problems as the land ownership study shows.

The aim of this essay is to investigate how a demarcation is made between employees? right to religious freedom next to employers? interest in running their enterprise in an efficient way. Case law shows that the Arrowsmith-principle forum internum and forum externum could be used when a demarcation has to be made. Furthermore, case law shows that that the employee?when accepting a contract of employment?have accepted certain Restrictions of his or her religious freedom.

 The main purpose is to investigate the main fea-tures of the discourse in the social medias about the legal view on cimes and criminals.                                                The special questions that are investigated are:1)    What specific features characterize the discourse in the social medias?2)    What are the legal Restrictions for the freedom of speech on the Internet?3)    What attitudes can you find among lawyers towards the discourse in the social medias?4)    Are there grounds for presuming that the discourse in the social medias can effect the judgement in a special case?         .

The purpose of the study is to investigate MRSA-positive individual´s perceptions of source isolation and barrier nursing, to find nursing inventions witch can provide these patients wellbeing. Eight scientific research reports have been examined, using the guiding principles of Polit et al (2001). The result of the study shows the patients experiences of mentally health/illness, information and communication, physical Restrictions and barrier nursing..

 The main purpose is to investigate the main fea-tures of the discourse in the social medias about the legal view on cimes and criminals.                                                The special questions that are investigated are:1)    What specific features characterize the discourse in the social medias?2)    What are the legal Restrictions for the freedom of speech on the Internet?3)    What attitudes can you find among lawyers towards the discourse in the social medias?4)    Are there grounds for presuming that the discourse in the social medias can effect the judgement in a special case?         .

Transportation represents 10-15 % of wood supply costs. It is therefore important to improve efficiency in the transport system to decrease these costs. The aim of this study is to map the timber vehicle routing processes used by a sample of timber hauling contractors and to identify possible links between the vehicle routing process and service and economic variables. The study was carried out at Södra Skog in autumn 2008. 15 timber hauling contractors were sampled and interviewed about their work with timber transports.

Everyday life mobility of elderly people ? opportunities, Restrictions and sustainable urban visions aim to examine and describe elderly people?s movement patterns, their opportunities and Restrictions of reaching high mobility and accessibility, and their attitude towards various sustainable urban visions. This paper is based on an approach of time-space geography as it covers the topic of movements in time-space, explained and developed using the concepts of mobility and accessibility. To examine elderly people?s attitude towards sustainable urban visions, this paper also takes approach on theories such as New Urbanism, mixed-use and the compact city.The method used in the study is an interweaving of a time geographic diary and qualitative interviews, where the respondents are six retired people between 68 and 77 years old living in Gothenburg city.

Since the late 50th century, the automobile has been normative in the Swedish society (Lundin 2008). This has led to an urban environment deeply characterized by the motor vehicle and its necessities, while other means of transportation, such as train and bicycle, have been ignored and put aside. However, over the past decades, a new trend has been seen in urban planning as a consequence of the increasing knowledge of the negative qualities caused by the car. As a result, the bicycle is seen as a conceivable transport mode.This thesis examines cycling on four issues:- Why is there a need of more cyclists? - How can the total number of cyclists as well as the number of satisfied cyclists increase? - Which factors affect the choice of transport mode? - Which factors affect the choice of route?The first two questions are discussed from a literature study that was conducted at the beginning of the thesis.

The aim of this empirical study was to investigate how nurses on a ward within the emergency clinic deal with analgesia prescriptions and the pain management documentation. The used method was divided into chart reviews and qualitative interviews with nurses in clinical practice at the ward. This means that both a qualitative and quantitative approach was desired. The results incline that nurses generally apply to the laws and Restrictions surrounding the nursing discipline, as used in pain treatment. Thus they generally fulfill the obligations accounting to documentation.