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- Björkdahl, Erika P, 1967-
(författare)
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Lojalitet och kontraktsliknande förhållanden : En civilrättslig studie av förutsättningarna för ansvar vid förhandlingar eller andra kontakter mellan avtalsmässigt obundna parter
- 2007
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- Björkdahl, E. P., 2007. Lojalitetsplikt och kontraktsliknande förhållanden. En civilrättslig studie av förutsättningarna för ansvar vid förhandlingar och andra kontakter mellan avtalsmässigt obundna parter A Pre-Contractual Basis for Liability - A Private Law Study of the Conditions for Liability based on Negotiations and Other Contacts between Parties not Contractually Bound.The research objective of this dissertation is to investigate and clarify those behaviors in negotiations and other contacts between parties not contractually bound that are not viewed as acceptable in the sense that they can result in private law sanctions. The objective in general with this dissertation is to provide a systematization that can be used in an explanatory model for a basis of liability with respect to blameworthy behavior with negotiations and other contacts in non-contractual situations. Included in this objective is clarifying under which circumstances pure economic losses that have arisen in such situations can be compensated. The study begins with certain contractual regulations in order to examine the criteria that can be viewed as included in the explanatory model as to that which is a basis for liable behavior.The first main part of the dissertation, concerns situations in which the preparatory contacts between two parties lead to a contract. Mapped out in this part is a number of selected contract law regulations. The ambition of this approach is to delineate with the help of these regulations an action norm that can be utilized in the investigation of that which is blameworthy behavior with negotiations and other contacts between parties not contractually bound. In the second main part of the dissertation conclusions from the first part are applied on the non-contractual area. This part concerns situations in which the preparatory contacts are focused on a contract being entered into later between those parties communicating with each other, but in which a contract for different reasons is not executed and such situations in which contacts have the purpose of creating a basis or information to an agreement that is to be taken with another party outside of these contacts.
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| 2. |
- Hansson, Mikael, 1975-
(författare)
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Kollektivavtalsrätten : en rättsvetenskaplig berättelse
- 2010
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- The collective agreement is considered to be the single most important method of regulating the labour market in Sweden. Its importance is emphasised by the fact that there is no legislation concerning wages, and that labour-market legislation often can be derogated from by collective agreements (quasi-mandatory statutes). It is often argued that the position of the collective agreement is threatened, due to the fact that the society within which the collective agreement was developed to regulate is fundamentally changing. This change, described in terms of certain tendencies, (internationalisation, individualization etcetera) and their driving forces appear, as it seems, in society (i.e. outside the law), which makes them somewhat difficult for the legal discourse – and jurisprudence in particular – to handle. In the thesis the author combines a discussion of classical topics concerning the collective agreement (such as closing of collective agreements, the binding force of the collective agreement, interpretation of the collective agreement and principles regarding competing collective agreements) with concepts from the law and literature-genre. The law of the collective agreement is thereby described as a legal field of its own, and since the legal field to a large extent is constructed and withheld by legal doctrine, the author argues that jurisprudence itself have an important role in how the changes in society affects the collective agreement. However, modern legal science has certain problems to acknowledge and, moreover, to reflect upon its influence in this process. It is suggested that the changes, insofar as they are relevant to the collective agreement, is situated within the legal discourse itself, in its own narrative. With this perspective in mind, jurisprudence can, and ought to, reflect upon its own role in the narrative of the collective agreement.
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| 3. |
- Lerwall, Lotta
(författare)
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Könsdiskriminering – en analys av nationell och internationell rätt
- 2001
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- This thesis examines the concept of sex discrimination in Swedish law compared with EU-law and international (human rights) law. Focus lies on labour law and educational law. The first part of the study gives a general background to the legislation on sex discrimination and the aim of gender equality. The second part of the study analyses the concepts of "sex" and "discrimination". The different components of sex discrimination are identified. There are differences between the systems regarding what is included in the concept of sex. The approach to the concept of discrimination also differs. Swedish law and EU-law consider all adverse differential treatment as discrimination but are open to exceptions to the prohibition. There can be exceptions in cases of direct discrimination but not in cases of indirect discrimination. International law only considers unreasonable differential treatment as discrimination. Consequently exceptions are not needed. There are differences between the three legal systems regarding what differential treatment is allowed. This is discussed in the third part. This part also encompasses an analysis of the terminology regarding actions promoting gender equality. In the fourth part there is a concluding discussion on the concept of discrimination on grounds of sex in relation to the goal of gender equality. I argue that reasons for differential treatment must be thoroughly examined before being accepted as gender neutral and that differential treatment on grounds of sex should not be allowed if it is in contradiction with the aim of gender equality. I also propose a change in the Swedish law to only consider unreasonable differential treatment on grounds of sex as gender discrimination.
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| 4. |
- Malmberg, Jonas
(författare)
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Anställningsavtalet : Om anställningsförhållandets individuella reglering : [individual regulation of the employment relationship]
- 1997
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- In this thesis, the author examines the. extent to which the Swedish Labour Courtaccords significance to individual employment contracts, and other factors personal tothe employer and employee, in determining the content of the employmentrelationship (i.e. the rights and duties of the parties). The first task is to establish the limits of the parties' freedom of contract. Rulesprovided for by statute, collective agreement and case law may be either mandatory ordefault rules. A default rule governs the parties' relationships unless they, explicitly orimplicitly, contract out of it. The question here is how to determine whether aparticular rule is mandatory or a default rule. Even mandatory rules, however, can leave a certain amount of space for individualcontracts. Normally, a mandatory rule is only aimed at contractual clauses whichinvolve disadvantages for one party. In addition, the mandatory character of the ruleusually ceases at a certain point of time, e.g. when the right which the rule grants oneof the parties has come into being. When the default character of a rule has been confirmed, the next question is underwhich circumstances the parties to an individual employment contract can be assumedto have exercised their right to diverge from that which is set out in the rub. These are the central legal questions in the thesis. The main place to look for answersto these questions is in the case law of the Labour Court. This collected case law isexamined with three different purposes in mind. The primary purpose is to analyse thecontent of the law as it is today (the lex lata). A second purpose is to compare thesolutions reached in the case law of the Labour Court in this area to those reached inother areas of the law of contracts. Finally, an attemt is made to shed tight on theunderlying goals of the case law of the Labour Court, in other words, the valueswhich this case law seeks to protect.
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