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2686 Uppsatser om UNIDROIT Principles of International Commercial Contracts - Sida 4 av 180
Lagval för förrsäkringsavtal : särskilt utrymmet för partsautonomi
The globalization and the realization of a European common insurance market have increased the importance of cross border insurance contracts. Despite that, a gathered set of rules regulating cross border insurance contracts does not exist. The sets of rules within Private International Law which arises today when determining the applicable law regarding cross border insurance contracts are the law of 1993 on applicable law to certain insurance contracts (the law of 1993) and the law of 1998 on applicable law to contractual obligations (Rome Convention). Since the Rome Convention is the only Community instrument which still is in the form of a treaty, work has been done in order to convert it into a regulation, called the Rome-I-regulation. Therefore, the future Rome I-regulation is of importance for the thesis as well since it most likely will replace the Rome Convention.Swedish law is based on the principle of party autonomy, which means that the contracting parties have the right to freely agree on the content of the contract, including the choice of law.
Sociala hänsyn vid offentlig upphandling : En jämförelse mellan det klassiska direktivet och det reviderade klassiska direktivet
The first aim of this study is to examine what the differences are between the Classic directive (directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts) and the Revised Classic directive (directive 2014/24/EU of the European Parliament and of the council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC) when it comes to social considerations in public procurement. The second aim is to examine if the revision of the directive has solved the prior existing problems regarding social considerations in public procurement. In this paper a traditional European legal method is used. The examinations show a number of things, including the Revised Classic directive involving codification of case law, references to other sources of law and some clarified rules as well as new provisions. The regulations regarding reserved contracts, technical specifications, and selection criterion are satisfied in the Revised Classic directive.
Mellan tummen och pekfingret : En studie av 2010 års straffmättningsreform avseende straffvärdebedömning för allvarliga våldsbrott, försvårande och förmildrande omständigheter samt gradindelning.
The first aim of this study is to examine what the differences are between the Classic directive (directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts) and the Revised Classic directive (directive 2014/24/EU of the European Parliament and of the council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC) when it comes to social considerations in public procurement. The second aim is to examine if the revision of the directive has solved the prior existing problems regarding social considerations in public procurement. In this paper a traditional European legal method is used. The examinations show a number of things, including the Revised Classic directive involving codification of case law, references to other sources of law and some clarified rules as well as new provisions. The regulations regarding reserved contracts, technical specifications, and selection criterion are satisfied in the Revised Classic directive.
Kommersiella Fastighetshyror och Finansiell Stabilitet
In recent years, global organizations safeguarding financial stability has started to track commercial property markets. One of the reasons for this refers to the fact that commercial property constitutes a large share of bank lending. Simultaneously, bank exposures to commercial property are extensive and risky since collateral values are strongly correlated to borrowers cash flows. Since banks are viewed to play a key role for financial stability, studying the relationship is well motivated. To better understand how commercial property markets interact with financial stability, this paper develops an econometric model for studying the commercial rental market.
Miljöklassningssystem : Skillnader mellan Miljöklassad Byggnad och LEED samt dess påverkan på fastighetsvärdet
A uniform environmental rating system for green buildings is demanded in today's society, where the requirements of the energy consumption for real estate are increasing. There are several different systems around the world used to rate buildings, all with different assessment criteria and starting points, which make it difficult to compare environmental rated buildings with each other.The purpose of this paper is to acquire knowledge about the differences between the Swedish environmental rating system Miljöklassad Byggnad and the American LEED, to discover which system is most advantageous. We also examine whether environmental rating affect the value of a property.Miljöklassad Byggnad is relatively simple structured, which makes it possible for private individuals to rate their property. LEED is better structured on the other hand in the case of environmental classification of commercial properties, because there are manuals for among others hospitals, schools and retail. The rating system for Miljöklassad Byggnad is good since the system seeks to fix the number of errors and deficiencies as soon as possible.
International negotiation: pre-negotiation in Swedish
companies
International negotiation is the link between international planning and implementation. The ability to negotiate successfully may very well depend on the efforts being put into preparatory activities, leading to the purpose of this research, to gain a better understanding of pre-negotiation in an international context, by exploring, describing and partly explaining the process. Personal interviews were conducted with two Swedish international companies to obtain thorough information within the area. The collected data from these two cases are discussed, compared and then finally used to draw general conclusions. The study indicates the different issues that either occur or should be considered prior to the first formal meeting in an international negotiation.
Improviserade ickevåldskonflikter : -Fallen Ukraina och Burma
The purpose of the essay is to investigate whether the principles formulated by Peter Ackerman and Christopher Kruegler, concerning strategic non-violent conflicts, can serve a purpose when analyzing improvised non-violent conflicts. The principles are derived from factors that have been prominent in earlier successful improvised non-violent conflicts.The essay is based on two research questions; if the factors included in the principles formulated by Ackerman and Kruegler, exist in the two cases that this study investigates, and if those principles offer a satisfactory explanation for the outcome of an improvised non-violent conflict.To answer the questions the study uses a comparative method, where the improvised non-violent conflict of 2004 in Ukraine is compared to the improvised non-violent conflict of 1988 in Burma.The answer to the first question shows that the factors contained in the principles previously mentioned, exists in both cases. The answer to the second question is more uncertain, as there seems to be doubts on whether the case of Ukraine really was completely improvised. Another reason for caution is that the factors contained in the principles, only consider actions made by non-violent actors, and not by opponents or third parties. Thus the risks of missing vital explanatory factors are substantial..
IT-outsourcing ? dolda kostnader
Many corporations turn to IT-outsourcing to focus more on their core competence or to cut the IT-budget. There is one caveat, the costs presented at a first glance does not always present the entire truth. Instead the costs run deeper and so-called hidden costs exist beyond the contractual cost. Reducing these hidden costs may very well be crucial to the entire IT-outsourcing endeavor. However many firms are not aware of these costs and as such they have a reduced chance of success.
Mellanskogs medlemmars syn på röjning
The main purpose of this study is to investigate the needs of pre-commercial thinning on private owned forest properties, which is considered to be increasing. The reason is believed to be the high cost of labor that pre-commercial thinning brings. Furthermore thinning is costly, the revenue created through pre-commercial thinning are post-poned until the first thinning.
The study was made through a survey among members of Mellanskog forest owners association. The survey was distributed by e-mail. The time to answer was set to two weeks.
The answers indicate that the most common reason why the pre-commercial thinning is delayed, or not done at all, is the forest owner?s lack of time.
De internationella musikbolagens redovisning av immateriella tillga?ngar : Vad kan de svenska bolagen tilla?mpa i jakten pa? ra?ttvisande bild?
Purpose:The purpose of this study is to describe and explain the international music company reports of its intangible assets to examine whether similar methods can be applied to the Swedish market.Method:The study was based on a qualitative and abductive research approach. Collected data is mainly from secondary sources in the form of auditor approved consolidated financial statements.Conclusion:The Swedish music companies activate their intangible assets only partially or not at all, despite the fact that assets in the form of music catalogs, rights, contracts and advances are those that generate revenue for the companies. The study has resulted in a description of how the companies are doing on an international level with the IASB and FASB's regulation. With this report, we have found flaws in the way the Swedish companies prepare their accounts according to the current regulations. In the analysis, these shortcomings are highlighted and to what extent these international standards can be applied in the Swedish companies to take a step towards a more accurate picture and a harmonized and comparable accounting..
Media advertising in Europe - The issue of standardisation from both the business and legal perspective
It is clear that media advertising is one of the crucial marketing tools for companies in order to promote their products and services. As we are moving towards more and more economic integration, both on a regional and global scale, the question about standardisation of media advertising has become increasingly important and is nowadays subject to discussion in most international companies. This thesis deals with the issue of standardisation in a region where the process of political, legal and especially economic integration is taking its course, but where cultural and linguistic diversity is still a remaining fact: Europe. The aim of this thesis was to investigate the potential gains from a standardised advertising approach but also to identify its limitations. Especially on a market place like Europe, with its diverse cultural and linguistic background, a fully standardised approach might be difficult to implement.
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. .
Riskkapital kopplat till handel med spelarkontrakt inom svensk elitfotboll
The aim of this paper is to examine venture capital in football player contracts in Sweden. This is a phenomena that have existed in Sweden since 1999 when the company Djurgården fotboll AB was founded, since then eight other companies have been started. These companies form an alliance with a football club and invest in player contracts. These contracts have high risk since it is valued by the performance of the contracted player. The venture capital firms have no formal control over their investments and they are showing negative results.
Kolliderande standardavtal : En analys av svensk och tysk avtalsrätt beträffandev kolliderande standardavtal
AbstractThe use of standard agreements can hardly be overestimated in the society of today. The amount of standard agreements should barely decrease. One of the standard agreement?s main purposes, to make the concluding of the contract more effective, strongly agrees with the companies will to accomplish fast concluding of agreements using as small resources as possible A dispute that can arise in these contexts is that dissimilar standard agreements collide. Between nations this is called Battle of Forms.
Privata skogsägares benägenhet till röjning i Gudrunområdet : En kvalitativ intervjustudie
The purpose of this study was to examine how small-scale private forest ownersmake decisions regarding pre-commercial thinning. In 2015 it is ten years agosince the storm Gudrun hit the southern parts of Sweden and now large areas arein need of pre-commercial thinning. This study is built upon qualitativeinterviews with seven small-scale private forest owners with forest properties inthe county Kronoberg. The respondents were chosen by the modelSKOGSÄGARPROFILENTM (forest owner profile).The results of the interviews showed that five categories: ownership, the stormGudrun´s impact, silviculture, forestry contacts and driving force was important.How will their purpose and aim affect the pre-commercial thinning? Personalinterests, and expectations of the next generation to take over, are purposes thisstudy has found.