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1872 Uppsatser om Legal certainty and efficiency - Sida 1 av 125

Omedelbart omhändertagandeenligt 6 § LVU : -en granskning utifrån ett rättssäkerhetsperspektiv

The main purpose of this study was to examine how social workers interpret and legally practice the 6 § LVU (Care of Young Person´s Act) in regards to legal cer-tainty. The papers intention was to investigate and describe the legal scopes limits and deficiencies, linked to practical social work. The study was composed on a legal dogmatic method which implies to examine the law and its elaboration. The investi-gation was based on different court rulings of care of youths according mostly to 6 § LVU. Perusal and interpretation of the rulings have been necessary in order to clarify the issues.

Internprissättning : Bevisbörda, dokumentationskrav och rättssäkerhet

As the globalization of companies increases day by day, the need for a clear and comprehensible legislation to overcome the problems with transfer pricing transactions increases as well. Incorrect pricing in transfer pricing situations between companies with close economic ties to each other makes countries risk parts of their taxation income.Swedish legislation uses the internationally accepted arm?s length principle to regulate the transfer pricing transactions. Through the correction rule, the rule is upheld that the pricing between two companies with close economic ties to each other must apply to the same conditions as it would have been if it was between two companies without close economic ties to each other.To ensure that enough material is provided to base the assumption whether or not the correction rule has been followed or not, Swedish legislation provides a number of paragraphs to regulate the matter. The legislation is spread all over and is hard to interpret.

Beskattning av skalbolagstransaktioner : Analys av skalbolagsreglerna ur ett tillämpnings- och rättssäkerhetsperspektiv

Shell companies are characterized by containing liquid assets such as cash, securities or other similar assets. Transactions of shell companies constitutes a severe problem since the purchaser often has the aim of obtaining undue tax advantages by not paying the tax debt of the company.Historically it has been complicated for the legislator to stop the set-up in an efficient way since the transactions as such are not illegal, instead rather commonly used for example to restructure companies or for the transfer of companies to the younger generation. The purpose of the current legislation is to prevent individuals and corporations to involve in shell company trade. Aiming for an efficient legislation, the tax rate is at a very high level.The issue with the rules is that also honest buyers are at risk of being covered. This calls for high demands in complying with the principle of legal certainty and the possibility to forecast the tax consequences.The purpose of the thesis is to identify and analyze eventual problems when applying the legislation.

Adoption : En komparativrättslig studie om lagstiftning, myndigheternas arbete i adoptionsprocesser samt säkerställandet av barnets rättigheter i Sverige och Norge

This essay discusses in a comparative way the Swedish and Norwegian legal system, mainly laws that contain adoption regulations. It also compares the administrative work that the government in both countries practices in relation to the individual person. In this essay, focus lies on the legal rights of the child in the adoption process and how well the government and its service meet the requirements from abroad.This essay has shown that the government has many rules and regulations that regulate their work and that all the sub processes are designed to ensure the child?s best in the adoption in both Sweden and Norway. Despite some differences in the investigation process, the work is very much alike.

Skyddar aktiekapitalet borgenärerna? : Eller utgör aktiekapitalet de facto ett legalt hinder för entreprenörerna?

The purpose with this essay is to investigate whether the legal capital can be justified as creditor protection and whether the legal capital prevent entrepreneurship.Historically the legal capital has been justified by means of creditor protection. Nowdays the development within EU rather reduces or abolish the legal capital. Sweden has recently, 1 of April 2010, reduced the legal capital from 100 000 Swedish crowns to 50 000 Swedish crowns. In the preparatory work it has been admitted that the legal capital does not in reality offer creditors much protection. Although the lawmaker decides to retain the legal capital and justifies the legal capitals existence with the argument that involuntary creditors has the need of the legal capital.

Tvångsvård på grund av problematiskt datorspelande : En rättsvetenskaplig studie av annat socialt nedbrytande beteende i 3 § LVU

This paper has focused on specific aspects of the law concerning the 3rd paragraph of The Care of Young Persons Act (1990:52), LVU. The purpose of this study was to examine the prerequisite other social destructive behaviour in four cases where youths has been under compulsory institutional care because of their computer gaming. The study was composed on a legal dogmatic method and a legal sociologist perspective. The legal dogmatic method implies to examine the law and its elaboration, the legal sociologist perspective focus on the consequences and causes of the court of law. The study shows that problematic computer gaming is an increasing problem in society and that other social destructive behaviour is a wide prerequisite that need new amendment in order to ensure citizens certainty..

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.

Principen mot rättsmissbruk inom det svenska mervärdesskatteområdet: är det hållbart?

The VAT Directive (2006/112/EC) does not regulate Member States? opportunities to intervene against tax evasion. The European Court of Justice has clarified the situation in case C-255/02 Halifax. This case establish that the universal principle against the abuse of rights applies to VAT, which means that Member States have the opportunity to redefine transactions not involving a breach of law but nevertheless goes past what the legislature envisaged at the introduction of the provision.A debate has risen as to whether the principle against the abuse of rights is equally ap-plicable in Swedish domestic law on VAT. The administrative court of appeal in Go-thenburg, Case No.

Rådets förordning 1/2003 : ett hot mot rättssäkerheten för företag inom den europeiska gemenskapen?

Council Regulation 1/2003 regulates the application of the competition rules set out in Articles 81 and 82 of the EC-treaty and establishes a reform of the European Competition Law. The purpose of this paper is to illustrate the complex of problems that the regulation leads to concerning the legal certainty for companies within the European Community..

Undantagande av handlingar vid Skatteverkets revision

AbstractThe tax authority has an obligation to ensure that all tax cases are adequately investigated according to 40:1 SFL. In order to fulfill this obligation the tax authority has a number of investigation options. The most common form of investigation is so- called desktop investigations, which means that the tax authority will send written inquiries or injunctions to taxpayers. The most intrusive and resource-intensive form of investigation is audit. The general rule is that the tax authority?s auditor may examine all accounting records and other documents related to the business.

Vad förvaltningen bör sträva efter : -riksdagspartiernas uppfattningar om de värden som förknippas med förvaltningen

The values politicians relate with public administration are likely to affect the way that they want the public administration to be organised. The purpose of this study is therefore to examine which values Swedish parliamentary parties relate with public administration and more particularly how they emphasise these values.The study is conducted as an analysis of theoretically relevant bills that the government party and the parliamentary parties have introduced to the Riksdag, and reports and statements of opinion from the parliamentary committees. The documents are from the Riksdag´s sessions from 2000/01 to 2005/06. After examining the documents the conclusion can be drawn that the value that is most emphasised during the period is legal security. This might mean that legal security will have more influence on the decisions taken about the organisation of Swedish public administration..

Goodwill. IFRS3 & IAS36  - ?Big Bang? utifrån en revisors utgångspunkt.

The study aims to illustrate how women victims of male violence in intimate relationships are treated during the legal process and with professional perspective describe what women?s experiences considered to be in the legal process. The study also aims to draw attention to the interventions for abused women during the legal process.The results are based on interviews with professionals in the justice system, and on observations in the courtroom. Overall our results show that abused women are in need of a great quantity of help and support before, during and after the negotiation. The legal process is very stressful for the women.

Rättssäkerhet inom skatteprocessen

In todays society the legal rights of the individual are a highly debated subject. Among other things there have been a debate going on in Dagens industri where the participants have discussed the National Tax Board, courts of law and law and order. The legal rights of the individual have been described as threatened and uncertain due to deficiencies in the tax assessment.There are difficulties defining the concept of law and order due to the fact that there is no generally acknowledged explanation. The concept of law and order originates from the citizens ability to predict the consequences of their actions provided that the authorities actions are regulated according to current legislation and will therefore protect the citizens from possible abuse of power that can exist within a state governed by the law.The purpose of this paper is to analyse law and order within the tax assessment through a method that experiments with real and imagined situations with the main purpose of interpreting current legislation. The paper collects essential legislation, preparatory work together with established practice and supplements the method with information from articles, dissertations and the National Tax Authority?s documented directions within the tax assessment.Through juridical argumentation concerning areas, such as legal rights essential to the citizens and the tax assessment, the paper results in aspects essential to the individual involved in tax dispute.

Man packar ihop sin väska och där står hon och har lämnat ut hela sitt liv : En studie av professionella aktörers syn på våldsutsatta kvinnors upplevelser av rättsprocessen och deras möjligheter till samhälleligt stöd

The study aims to illustrate how women victims of male violence in intimate relationships are treated during the legal process and with professional perspective describe what women?s experiences considered to be in the legal process. The study also aims to draw attention to the interventions for abused women during the legal process.The results are based on interviews with professionals in the justice system, and on observations in the courtroom. Overall our results show that abused women are in need of a great quantity of help and support before, during and after the negotiation. The legal process is very stressful for the women.

Rörlig eller fast bolåneränta : resonemangen hos låntagare

The purpose of this thesis is to describe property definition and special boundary demarcation and to analyze the differences between the two cadastral procedures. Property boundaries, especially unlawfully determined boundaries created through unofficial parcelling, can create conflicts between landowners and make it diffi-cult to know which land that a property contains of. It is possible to clarify the boundary conditions through a property definition or through a special boundary demarcation re-establish boundary marks.The methods used are: (1) A literature review to collect background information, (2) A case study to summarize court cases and (3) A questionnaire study to collect opinions from cadastral surveyors.The result is summarized in two comparisons. Firstly between restoration of landmark and special boundary demarcation (which replaced restoration of landmark in a legislative change in 2010), which demonstrated that the change in the law is considered positive because special boundary demarcation gives a legal effect on the boundaries. Secondly between property definition and special boundary demarcation which demonstrated that the two procedures are similar to each other.

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