| 1. |
- Julius, Håkan, et al.
(författare)
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Hyressättningens problem
- 2022
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Ingår i: Juridisk Tidskrift. - 1100-7761 .- 2002-3545. ; 2021/22:3, s. 606-609
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Tidskriftsartikel (övrigt vetenskapligt/konstnärligt)
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| 2. |
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| 4. |
- Munukka, Jori, 1966-
(författare)
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Döden och fullmakten
- 2021
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Ingår i: Festskrift till Rolf Dotevall. - Lund : Juristförlaget, Lund. - 9789154405794 ; , s. 547-556
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Bokkapitel (övrigt vetenskapligt/konstnärligt)
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| 5. |
- Unnersjö, Alexander, 1983-
(författare)
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Regress : Begreppet regressrätt och solidarregress
- 2021
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- The right of recourse is a classic topic within law of obligations that spans traditional divisions into contractual and non-contractual law. Even so, there is a lack of consensus on what the right of recourse really entails. Still, it has been stated that there is an actual or technically correct concept of recourse and it has been suggested that an inability to understand the meaning of this concept can lead to methodological inaccuracies. Recourse, in the context of joint and several liability, is a core area for the legal science discourse on the right of recourse and is, in practice, a very important part of recourse. Such aspects of recourse are often discussed on the basis of broad explanatory models. However, case law reveals that the prevailing explanatory models can fail in providing a transparent and predictable overview of the legal situation and their compatibility with the general functions of joint and several recourse can be questioned.The thesis has two main aims. The first is to identify a concept of recourse that is rational for the legal conversation. The other main aim is to establish the fundaments of the order of recourse that is applied in “joint and several liability” in a broad sense (joint and several recourse).The thesis shows that there are several different views on the meaning of the right of recourse. Several of them seem to be the result of an author’s striving to find a definition that, to the greatest extent possible, can serve as a tool for drawing legal conclusions. In the thesis, existing views of the meaning of the right of recourse are tested against various legal norms wherein the right of recourse is a necessary condition. It is shown that all the presented views are falsified in at least one of the studied normative contexts and that the term “right of recourse” can refer to different concepts in different normative contexts. With a starting point in Carnap’s theory of explanation of vague concepts, a basic definition of “right of recourse” – that can serve as a form of general legal communication tool – is presented in the thesis.In the terminology of the thesis, joint and several liability is at hand in any case where multiple parties are all liable to the same creditor and the obligations are, for some reason, linked in such a way that all debtors are discharged, wholly or partly, by any debtor fulfilling their obligation. A particular order of recourse – joint and several recourse – is connected to the circumstance that all debtors are discharged by any debtor’s performance. The thesis describes the methodology and systematics of joint and several recourse, and the explanation behind this concept, with a basis in its overall functions as a general institute of claims law.
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| 6. |
- Baheru, Haymanot, 1986-
(författare)
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Hyressättning : Prisets reglering vid bostadshyra
- 2020
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- This thesis examines all historical and present day rent control models in the context of the Swedish housing market, both in form and substance. The systematic study of the historical development illustrates how varieties of rent control regimes, i.e. rent setting regulations, have been a permanent feature in the Swedish rental market since 1942 when a rent freezing act was introduced. In a long reregulation process between mid-1950s and mid-1980s, the rent control transformed from a matter of public law to private law. As the latter, legislative initiatives over said decades have effectively established an all-encompassing legislative infrastructure subjecting all residential tenancy contracts in the primary and the secondary housing market, but also hotel like lettings, to regulations which aim to establish a fair rent.The aim of the thesis is to determine what constitutes a fair rent in the Swedish residential tenancy law. The thesis finds that the concept of fair rent refers to a rent that does not exceed the applicable price ceiling – the objective price. Fairness of the subjectively applied rent is therefore assessed in relation to compliance with the permissible price. Divergence from the objective price is considered unfair if it contravenes the ceiling. The concept of fair rent derives its meaning from seven regulative models in the legal infrastructure. The main regulative models are found in the use value system – a system that is dominated by the collective bargaining regime where the Tenant's union enjoys a monopolylike position. The alternatives, contract models of different constructions, are found both within the scope of the use value system and outside. Within the co-operative rental sector, both an association model and the models of the use value-system can be found. The regulative models are not necessarily mutually exclusive. Several regulative models can be simultaneously applicable, whereby the same apartment can command several 'fair rents' − none less fair than the other. The arbitrary construction of fairness and its application on the rental market is the result of legislative initiatives, necessitated as reactive measures, and political compromises.
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| 7. |
- Krzymowska, Amelia, 1990-
(författare)
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Servitut : En civil- och offentligrättslig bruksrätt
- 2020
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- Easement is a central legal concept that enables supplementation of a property with a certain function, to the detriment of another property. Historically, an easement has required an agreement between the property owners. However, since the property law reform of the 1970s, the easement concept has been supplemented with provisions in the Real Property Formation Act, which meant that easements can now be created, altered, or terminated even without such agreement.In this thesis, the easement concept is analysed and identified based on the opposition between the interests of a dominating and a servient property. As the easement concept now includes public law features, through the provisions in the Real Property Formation Act, the opposition between protection of property and the public interest of allowing infringements through easements is also analysed. The interplay between the civil law easement concept and the new easement concept partially characterised by public law is of particular interest.The thesis covers, among other things, the following:invalidation of contractual easement because of non-fulfilment of basic preconditions,the scope for creating a cadastral easement,alteration and termination of an easement in case of changed circumstances, andalteration and termination of an easement that obstructs planned or appropriate use of the servient property.the right to compensation when creating, alternating and terminating easements.
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| 8. |
- Munukka, Jori, 1966-
(författare)
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Ansvaret vid övergång av bostadsrätt
- 2020
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Ingår i: Stockholm Centre for Commercial Law årsbok 11. - Stockholm : Stockholm Centre for Commercial Law, Juridiska fakulteten, Stockholms universitet. - 9789172238039
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Bokkapitel (övrigt vetenskapligt/konstnärligt)
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