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1761 Uppsatser om International contract law - Sida 1 av 118

UNIDROIT Principles, PECL och DCFR i svensk rättspraxis

International contract law presently offers three sets of principles: the UNIDROIT Principles of International Commercial Contracts (the UNIDROIT Principles), the Principles of European Contract Law (the PECL) and the Draft Common Frame of Reference (the DCFR). These sets of principles contain general principles which are intended to serve as model rules. The three sets of principles have been published, but they have not been adopted. The UNIDROIT Principles and the PECL are not meant to be adopted either. There are different opinions as to whether the sets of principles can be considered to be a source of legal status at all.The sets of principles have been referred to in Swedish law.

Hur en otrygg anställning påverkar det psykologiska kontraktet hos medarbetare

The purpose of this study was to investigate how people with insecure employment affect the psychological contract in the perspective of workers' experience. The questions in this study were: how does a person with insecure employment perceive the psychological contract and what consequences dose an insecure employment have on the psychological contract. The study was a qualitative method with semi-structured interviews. The results showed that the absent relationship that existed between the participants and the employer was assumed to be affected by insecure employment. The result revealed that one of the consequences was falling confidence and less support to the employer as an effect of insecure employment and psychological contract.

Hur en otrygg anställning påverkar det psykologiska kontraktet hos medarbetare

The purpose of this study was to investigate how people with insecure employment affect the psychological contract in the perspective of workers' experience. The questions in this study were: how does a person with insecure employment perceive the psychological contract and what consequences dose an insecure employment have on the psychological contract. The study was a qualitative method with semi-structured interviews. The results showed that the absent relationship that existed between the participants and the employer was assumed to be affected by insecure employment. The result revealed that one of the consequences was falling confidence and less support to the employer as an effect of insecure employment and psychological contract.

Övergång av verksamhet : En avtalsrättslig tolkning av vad det arbetsrättsligt innebär att enligt 6 b § LAS ta ställning till fortsatt anställning

The swedish law of contract is fundamental within several civil law areas, among others labour law. The labour law contains more explicit legislation specificly adapted to the relation between employers and employees. Sometimes the labour law needs to rely on more general regulations, such as the law of contract. When the situation contains a specific contract relation dilemma it is logical to use the law of contract, when for example the law of employee protection does not reach an acceptabel solution.Transfer of undertaking is a situation were the employee protection is disregarded. The Euro directive 2001/23/EG prescribes, by its implemented rules in the law of employee protection, that rights and duties, such as employement agreements, passes on to the earner of the business.

Vårdnadstvister : Beskrivning av vårdnads regler då det råder samarbetssvårigheter mellan ett barns föräldrar

The swedish law of contract is fundamental within several civil law areas, among others labour law. The labour law contains more explicit legislation specificly adapted to the relation between employers and employees. Sometimes the labour law needs to rely on more general regulations, such as the law of contract. When the situation contains a specific contract relation dilemma it is logical to use the law of contract, when for example the law of employee protection does not reach an acceptabel solution.Transfer of undertaking is a situation were the employee protection is disregarded. The Euro directive 2001/23/EG prescribes, by its implemented rules in the law of employee protection, that rights and duties, such as employement agreements, passes on to the earner of the business.

En studie av begreppet uppfyllelseort i artikel 5 (1) b i Bryssel I-förordningen

The courts international juristiction within the European union is regulated by the Brussels I Regulation. Article 2.1 of the Brussels I Regulation contains the fundamental provision. According to this Article the plaintiff shall submit an action where the defandent is domiciled. The Regulation provides exemptions to the this provision in Article 2.1.The court of the international case can also be determined according to Article 5 (1) of the Brussels I Regulation. This Article contains an alternative to the general provision within Article 2.1.

Besiktningar inom byggbranschen Deras kompletterande verkan

Inspections within the building industry are surrounded by a rigorous set of rules presented in AB 04 and ABT 94. There are several types of inspections but the final inspection has the biggest legal implications and is important in many aspects, since it?s the one that ends the contract time for the contract i.e. when the contract is passed on from contractor to the client. It is also a confirmation on how the contract has been carried out and that the potential guarantee times after the contract will start to apply. The objective of the following report is to find out what different types of inspections there are as well as a legal understanding about what happens before, during and above all after the final inspection.

?Contract-For-Difference? - en studie om den optimala faktiska marginalen

We have two aims with this thesis. The first aim is to describe CFD as a financial instrument in detail by highlighting its potentials and disadvantages. The second aim is to try to find the optimal real margin for each of the underlying stocks.We have adopted an inductive approach, combined with a quantitative method. We have worked with data and tried to come up to conclusions from the results we got.The conclusion of our thesis is that it is optimal to enter a CFD-contract with own capital covering at least 20 % of the value of the contract..

Constructing Costs

The economic analysis of building contracts is an unexplored field within Law and Economics. This paper makes an attempt to cast some light over the subject and encourage to more research within the field. The main purpose has been to describe why the actual price in a public construction project often turns out to be higher than the contract price and offer a way of handle that risk. In the paper a model is set up that shows an optimal contract given expectations on actual price and gaps in contracts. Cost increases for the buyer can mainly be explained by two situations.

Funktionsentreprenad för beläggning och vägmarkering

This report is written in cooperation with the Swedish National Road Administration South-Eastern Region in Jönköping. The report is a result of the evaluation to give an answer to the question about how well the function contract has been carried out on the E4 in Östergötlands and Jönköpings län. The evaluation is divided in two hard parameters and one soft.The Swedish National Road Administration is interested in knowing how the standard on the road have been changed during the functions period, which is the reason why the first hard parameter is considering road standard. To evaluate the standard there have been a comparison of values from measures taken every year on the current road stretch. The second hard parameter considers economy.

Elektronisk signatur : Hur säkra är elektroniska signaturer ur avtalsrättslig synpunkt?

Communication between parties in an important process in their relationship can be based on a contract. This communication can for exemple be composed by a handwritten contract or an electronic contract. Contract law makes no difference between these two forms. to create more favourable requirements for commencing a contract or an ongoing contract there are possibilities to use standard agreements. Therefore a contract can be based on the will of the parties or on a standard agreement.An electronic signature shall secure that electronic transferred information has not been altered and also to identify the sender of the information.

Villkor under garantitid i entreprenadförsäkring, en jämförande studie.

In Sweden there is no legal regulation for the obligations and responsibilities between the contracting parties within the construction, civil engineering and installation sector. To clarify uncertainties regarding the liability, actors from theses sectors have agreed upon a voluntary regulation, called the General Conditions of Contract.When insurance companies want to enter the Swedish construction insurance market, they face a regulatory framework that not only regulates the construction market, it also imposes requirements on terms and conditions that must be included in the construction insurance. These terms are perceived as ambiguities and create difficulties and inhibit the ability for these insurance companies to offer competitive insurances. One of the terms that create these difficulties is the guarantee period, which is period of time starting from handing over the construction project to the employer, during this period the contractor still has the responsibility for the construction project. The guarantee period regulated by the General Condition of Contracts differs from the international use of the term both in length and in content.

Informationsplikten   i försäkringsavtalslagen : Uppfylls syftet med informationen?

This thesis treats the information the insurance company is going to give the policyholders just before the insurance is to be concluded and soon thereafter. The purpose for the essay is to investigate whether the mentioned information can be considered to meet the purpose referred to its establishment. The investigation will also show if the penalty for not upholding this obligation is reasonable in relation to the aim the duty to inform the policyholders is meant to uphold.Information to be provided before the contract is concluded should facilitate the choice of insurance. The information to be given to the policyholders as soon as possible after the contract is concluded should be given as a form of confirmation and information on conditions that has not been stated before. The purposes that have been mentioned is for both the information to consumers and companies.The conclusion that can be made after the analysis is that the information is of great importance for the policyholder, both for consumers and companies.

"... människan kan förändras om man ger den verktyg" - En kvalitativ studie av elva frivårdsinspektörers synsätt på kontraktsvårdsutredningar för drogmissbrukare

The object of this essay was to illustrate and analyse what determines that a contract treatment investigation for a drug addict is initiated and what factors influence the investigation itself, from the probation service officer's perspective.We selected the following two questions:- What does the probation service officer see as being the deciding factor for a contract treatment investigation to be initiated?- What questions appear in a contract treatment investigation and how do they influence the investigation, according to the probation service officer?To find answers to these questions we conducted interviews with 11 probation service officers, during November and December 2005, at three different locations across Skåne. We decided to use the qualitative method for collecting the data we needed.In our essay we came to the conclusion that the will and motivation of the client is a deciding factor whether or not a contract treatment investigation is to be initiated. An important collaborator in this process is the social services. According to the probation service officers, many of the problems that may appear in the co-operation are due to the tough economic constraints experienced by the social services.

Den arbetssökandes upplysningsplikt : En allmän avtalsrättslig princip påverkad av arbetsrättsligt skyddstänkande

The general contract law principle of loyalty between negotiators, in deliberation, leads to a duty of disclosure for negotiators. The extent of this duty of disclosure is influenced by many different factors; amongst others the type of agreement, the negotiators knowledge and opportunity of procuring knowledge. The general duty of disclosure is both a part of the contract law principle of loyalty between negotiators in negotiating a contract, and an indirectly statutory obligation, that, if neglected will lead to nullification of the agreement. The legislator has stated that the general contract law, Lag (1915:218) om avtal och andra rättshandlingar på förmögenhetsrättens område (avtalslagen), should be used to regulate negotiating of contracts, including the negotiation of contracts of employment. In arbetsdomstolens judging, additional factors have been weighed in, and the judgement is done also through the use of a concept taken from employment law, the concept of ?saklig grund för uppsägning?.

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