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165 Uppsatser om Non-pecuniary damages - Sida 1 av 11
Vetorätt i FN:s säkerhetsråd : Dess inverkan på humanitär intervention
The purpose of this degree project was to examine which remedies are available to individuals when the State has violated their right to a fair trial as stated in article 6 in the European Convention on Human Rights. Furthermore, the aim was to, in cases where the remedy is determined to money, to clarify the indemnity rates that apply in determining the Non-pecuniary damages. The starting point was a review of the European Court practice, domestic Swedish practice and relevant literature.The outcome of the review is that the remedies available to the individual?s disposal can be divided into two categories: primary and secondary remedies. Primary remedies mean compensation not consisting of money, and must be exhausted first.
Rättsmedel för överträdelser av rätt till en rättvis rättegång i artikel 6 Europakonventionen
The purpose of this degree project was to examine which remedies are available to individuals when the State has violated their right to a fair trial as stated in article 6 in the European Convention on Human Rights. Furthermore, the aim was to, in cases where the remedy is determined to money, to clarify the indemnity rates that apply in determining the Non-pecuniary damages. The starting point was a review of the European Court practice, domestic Swedish practice and relevant literature.The outcome of the review is that the remedies available to the individual?s disposal can be divided into two categories: primary and secondary remedies. Primary remedies mean compensation not consisting of money, and must be exhausted first.
Beskattning av skadestånd och liknande ersättningar
The purpose of the thesis is to illustrate how payments of damages between companies are treated from a taxation point of view, and to analyse, in a tax law perspective, the consequences that follow the transactions. Furthermore, a comparison is made between damages and transactions similar to damages, such as amicable settlements and fines between companies, to ascertain whether they are treated similar. Finally, there is an analysis of the consequences of taxation of insurances, both premiums and compensations, followed by a comparison with the consequences of taxation of damages..
Jämkning av skadestånd och ansvarsförsäkringar
Damages have four main functions: reparation, placing of the costs, distribution of the losses and prevention. The rules about damages evolved before liability insurance had the extension it has today, 97 % of the Swedish populations is covered by liability insurance, since it is included in the comprehensive household insurance. Liability insurance should be looked at in the light of the damage rules, but the rules about damages are adapted to the insurance possibilities.The Law of damages contains, though the general adjustment article 6:2, the adjustment article 2:4 about children and the adjustment article 2:5 about the mentally ill, a possibility to adjust a non reasonable damage claim. If the liability insurance covers the damages no adjustment is made. Even when the adjustment articles are being used the damages is a heavy burden for the person who is liable for the damages.
Dubbskador på Alvestakubb
Mechanical harvesting may result in timber damages leading to reduced saw log quality. The initiator of this study was VIDA ? a privately owned concern operating in the value-adding process industry of forest raw materials. The aim of this study was to examine the type and amount of damages on Alvestakubb caused by the harvester head during the cutting process. The aim was also to compare the damages caused by different types of feed rollers and to evaluate the effects of temperature on damage occurrence.
Har en kortinnehavare skadeståndsansvar vid obehörigt användande av kontokort?
The purpose of this essay is to elucidate if there is a liability to damages for cardholders, in case of unauthorized use of bankcards, in the event a liability for payment, according to 34 § the Swedish Law concerning Consumer Credits, should not be established between card issuer and cardholder. The purpose is also to elucidate if card issuing companies, in the event a liability for payment is established between card issuer and cardholder, have any possibility to get a larger sum than is allowed by 34 § the Swedish Law concerning Consumer Credits, by demanding damages from the cardholder. Finally there is a judgement of how a court could do if it wanted to hold a cardholder liable to damages because of unauthorized use of bankcards..
Rätt till skadestånd enligt upphandlingsreglera : utformning av beviskraven för ett rättssäkert och ekonomiskt effektivt upphandlingsförfarande
Rules for damages that are effective are important to create legal security and a public procurement that fulfil economic effectivity. Those rules are effectivly created for example when the demand of evidence is possible for the damaged supplier to fulfil. Yet the rules cannot be too low without leading to an uncertain procurement for the public purchaser. Thus one have to balance the interests of a public purchaser against the interests of a damaged supplier. This balance leads to a public procurement involving rules of damages where the public purchaser cannot escape duty of damages just because the demand of evidence is too hard to fulfil..
Skadestånd vid otillbörlig inkassoåtgärd : en rättsdogmatisk respektive rättsekonomisk analys
Towards the end of the 1960s, the credit financed purchase was well established in Sweden. The Swedish households were able to purchase goods, which had been considered unnecessary, or even luxurious, in the past. On the other hand, effective means to handle the increasing amount of debt and potential debtors were introduced; credit rating was registered, trade with insecure claims increased and if debtors could not fulfil their obligations, the creditors often used harsh or undue methods. By introducing Inkassolagen (1974:182), the legislator hoped to regulate the debt recovery process and ensure the fair treatment of debtors. The legislator also introduced liability for damages caused by a creditor in the collection process.
Vitesklausuler : En begränsning av ersättningsansvaret
Penalty clauses is a term that can be put in an agreement and is an amount that shall be paid by a part of the agreement if they cause any damage to the other part by breaking the agreement. Penalty clauses have since around 100 years ago had a quite clear meaning in Sweden according to a lot of authors. These authors have the opinion that penalty clauses is an exclusive judgment of the compensation the victim has right to, that means that if the parties have put a lower amount in the clause the victim won?t get full coverage for the damages caused by the other party. That the penalty clause is an exclusive judgment of the victims right to compensation means that the victim doesn?t have the right to request other compensation above the compensation in the clause if nothing else is stated in the clause.A penalty clause may be viewed as a complement to compensation you get according to The Tort Liability Act (1972:206) where it is often difficult to obtain full compensation for damages when it is required that a number of conditions are to be met for damages deleted.
Renens fejskador på tall- och contortaplanteringar inom Malå samebys höst- och vinterbetesområden :
The effects of Reindeer mechanical damages on the planted regeneration of Pinus sylvestris
and Pinus contorta.
Semi-domesticated reindeer can damage young trees. In late winter reindeer rub their antlers against young trees. The aim of this study was to quantify those damages. This study covered planted objects from three different areas in northeastern Sweden.
Älgens barkgnag på granstammar : omfattning med avseende på geografisk utbredning, skadad volym och ekonomiska konsekvenser
In three areas in the province of Småland studies has been done to investigate how big
damage the moose may do to P. abies. An inquiry examination and two different types of
surveys were done to find out how big area, which volume and which financial consequences
the moose debarking has had on the forest.
When the volume was calculated the rot spreading was included. The area that was damaged
was stipulated with the answers from the inquiry examination. 59 % of the asked forest
owners answered the inquiry.
Produktionsskillnader och virkesskador med olika typer av matarvalsar :
Earlier investigations showed that damages on timber from feeding rolls could be within the lower classes of damage according to VMRs classes. Knowledge about differences in productivity between kind types and aggressive types of feeding rolls is necessary because it should influence the question about damages on timber caused by different feeding rolls.
In this study the production and timber damage in a harvesting head were evaluated at three levels of pressure (8, 10 and 14 MPa) on the feeding rolls, and with three different types of rolls. One type, the rubber cushioned steel plate roller had 10 mm studs and rubber damping, one ?middle? type made of solid steel with 14 mm studs, and one aggressive type, also made of solid steel with 18 mm studs.
ideellt skadestånd till närstående vid psykiska besvär
Ofta rapporterar massmedia om brott som t.ex. mord, våldtäkt och misshandel. Den ena gärningen är brutalare än den andra. Denna uppsats behandlar ideellt skadestånd för sveda och värk som under vissa omständigheter kan tilldömas den som åsamkas psykiska besvär, till följd av underrättelsen om att en nära anhörig uppsåtligen har berövats livet. Effekterna av det psykiska lidande som närstående till ett brottsoffer tvingas utstå vid grova brott är ofta påtagliga för den som drabbas, varför skadestånd ev.
The distribution of Moose (Alces alces) during winter in southern Sweden : a response to food sources?
The traditional Swedish way of dealing with browsing damages made by moose, is to reduce the moose population. However, a growing way of dealing with damages made by several ungulate species, including wild boars in particular is to redistribute them with supplementary food sources. Attracting them to settle in habitats less vulnerable to damages made during foraging. This study we tracked collared moose in southern Sweden from January throughout April in the year of 2009. From the tracking data their ?favourite? positions was selected and visited in order to study the features that attracts moose during winter.
Älgexplosionen på 70- och 80-talet, ett hot mot sågverket?
The background of this study is an article in the hunting magazine ?Svensk Jakt? where Karl Hedin claims that his sawmills has not noticed any significant moose damages in the timber.
The purpose with the study is to find out the causes to the moose explosion and what it has led to in today?s forests. A questionnaire has been sent out to sawmills in the region Dalarna with the purpose of finding out if sawmills receive moose-damaged timber and what they think about how they foresee future development.
There were two causes of the moose explosion, that had effects on the moose population. The first cause was that the moose hunters wanted to raise the moose population, and by raising the calf shooting and by saving the cows they succeeded. The second cause was changing methods in Swedish forestry.