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- Ahlinder, Elisabeth, 1981-
(författare)
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Finansiering med fastigheter som säkerhetsunderlag : Köp, pant, hyra och jordabalkens gränser
- 2013
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- This doctoral dissertation examines the extent to which the actual use of commercial premises as security is consistent with how such premises theoretically are to be used for such purposes. The objective is to examine the functionality of the Swedish Land Code (LC)(1970:994) in relationship to the use of alternative financing forms and techniques.The theoretical approach for the use of real estate as a security object is that such is achieved by the assignment of a pledge in real estate. With the commercial use of real estate, the real estate pledge is not the only, nor in certain cases even the primary, form of use of real estate for the purposes of security. Financing occurs to a great extent, for example, using real estate leasing, real estate bonds, Mezzanine loans, pledges in shares of a real estate holding company and through ringfencing structures.This doctoral dissertation posits that the differences between the actual and theoretical uses of real estate parcels as security can entail that uncertainties and incompatibilities in relationship to LC arise. These problems can be seen to arise as a consequence of internationalization, the categorization of real and personal property, the intent to circumvent rules, the fact that common law based contract structures are applied in a Swedish system, the use of standard agreements, and the requirements of credit ratings. The different uses with respect to real estate and security as discussed in this dissertation are not completely compatible with each other. The use of alternatives and complements to real estate pledges affects the fulfillment of the legal objectives of real estate law and constitutes a problem in relationship to the function of legitimacy. In addition, the intended functions of the alternative financing forms and techniques to a certain degree are impeded by the mandatory regulations, form requirements and debtor creditor legal principles in LC.
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| 2. |
- Andrews, Oskar, 1975-
(författare)
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Borgenärskollektiv : En studie av fyra borgenärskollektivs rättsliga klassificering
- 2022
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- A creditor group exists when two or more creditors have claims against the same debtor and the claims of the relevant creditors are in some way interdependent. A creditor group can have come into existence as a result of an execution of a multi-creditor loan agreement of some sort. The group can also have come into existence as a consequence of a creditor transferring the whole or part of e.g. a payment claim vested with the creditor to one or several other persons who thereby also becomes creditors of the relevant debtor. Moreover, the group can have formed because of a heritage whereby two or several beneficiaries inherit rights in one and the same debt obligation. Other common creditor groups are such that are established as a result of some sort of formal, court supervised, insolvency proceeding. The internal dealings of creditors forming part of a creditor group give rise to a great number of legal issues. The answers to these issues are often dependent on the legal paradigm under which the relevant creditor group is to be assigned. The thesis deal with creditor groups that are formed under a syndicated loan agreement and because of a bond issue as well as a consequence of the commencement of a company reorganization and a bankruptcy proceeding. The aim of the study is to examine how the aforesaid creditor groups is to be classified under the law and thereby find a legal foundation for the various group creditors’ internal legal relationship. The thesis is intended to serve as a pre-study, with the expectation that the findings made in the study will constitute a foundation for further research in this area.
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| 3. |
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| 4. |
- Badal Tejedor, Maria, 1986-, et al.
(författare)
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Milling induced amorphisation and recrystallization of α-lactose monohydrate
- 2018
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Ingår i: International Journal of Pharmaceutics. - : Elsevier BV. - 0378-5173 .- 1873-3476. ; 537:1-2, s. 140-147
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Tidskriftsartikel (refereegranskat)abstract
- Preprocessing of pharmaceutical powders is a common procedure to condition the materials for a better manufacturing performance. However, such operations may induce undesired material properties modifications when conditioning particle size through milling, for example. Modification of both surface and bulk material structure will change the material properties, thus affecting the processability of the powder. Hence it is essential to control the material transformations that occur during milling. Topographical and mechanical changes in surface properties can be a preliminary indication of further material transformations. Therefore a surface evaluation of the α-lactose monohydrate after short and prolonged milling times has been performed. Unprocessed α-lactose monohydrate and spray dried lactose were evaluated in parallel to the milled samples as reference examples of the crystalline and amorphous lactose structure. Morphological differences between unprocessed α-lactose, 1 h and 20 h milled lactose and spray dried lactose were detected from SEM and AFM images. Additionally, AFM was used to simultaneously characterize particle surface amorphicity by measuring energy dissipation. Extensive surface amorphicity was detected after 1 h of milling while prolonged milling times showed only a moderate particle surface amorphisation. Bulk material characterization performed with DSC indicated a partial amorphicity for the 1 h milled lactose and a fully amorphous thermal profile for the 20 h milled lactose. The temperature profiles however, were shifted somewhat in the comparison to the amorphous reference, particularly after extended milling, suggesting a different amorphous state compared to the spray-dried material. Water loss during milling was measured with TGA, showing lower water content for the lactose amorphized through milling compared to spray dried amorphous lactose. The combined results suggest a surface-bulk propagation of the amorphicity during milling in combination with a different amorphous structural conformation to that of the amorphous spray dried lactose. The hardened surface may be due to either surface crystallization of lactose or to formation of a low-water glass transition.
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| 6. |
- Elgebrant, Emil, 1969-
(författare)
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Ägande & värde av utsläppsrätter och andra liknande handelsobjekt : en sakrättslig, redovisningsrättslig och skatterättslig studie
- 2012
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- The objective of the dissertation is to examine national legal issues arising with the enactment of emissions allowances, electricity certificates and other similar trading objects. Several of the issues identified in this dissertation have their origins in the same problems that arose with the enactment of the legislation regarding promissory notes in the 1910’s and the legislation concerning the digitalization/dematerialization of financial instruments in the 1980’s. Simply stated, the fundamental problem is what has the legislator created? The dissertation’s interdisciplinary character has facilitated an approximation of issues that have arisen, which would not have been possible through studies solely of individual legal areas. This method has proven itself to be particularly relevant as new legal figures are introduced in an existing legal system. A starting point for any study of the trading object is that it is an independent legal object, separate from any authorization to emit, etc. This means that the trading object does not consist of any right to act in a certain manner (emit, etc.). A legal classification of the trading object has shown itself to be difficult to achieve within all of the studied legal areas. The private law conceptual apparatus and its categorizations of property have been debated in this dissertation from different perspectives. How the economic value of the trading object is treated in a legal context has shown itself to be dependent upon which legal context is intended, and how the trading object is classified in this context. The trading object’s private law character and its ability to be owned has certain significance for the accounting, income, and VAT law classifications of the trading object. The legal classification of the trading objects raises, to a great extent, a general and fundamental classification problem
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| 7. |
- Elversson, Jessica, 1972-
(författare)
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Spray-Dried Powders for Inhalation : Particle Formation and Formulation Concepts
- 2005
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- Spray drying is a method with a high potential in the preparation of protein particles suitable for pulmonary delivery. However, surface induced denaturation of bio-molecules during atomization and subsequent drying can be substantial and it is therefore important to develop new formulation concept for concurrent encapsulation and stabilization of proteins during spray drying. Hence, with an overall objective to increase the knowledge of the formation of particulate systems for systemic administration of proteins by spray drying, the first part of this thesis, systematically investigated the particle formation by droplet size and particle size measurements. It was described how specific properties, such as the solubility and the crystallization propensity of the solute, can affect the product, e.g. the particle size, internal structures, and possibly particle density. A new method using atomic force microscopy (AFM) for the assessment of the effective particle density of individual spray-dried particles was demonstrated. In the second part, two different formulation concepts for encapsulation of protein during spray drying were developed. Both systems used non-ionic polymers for competitive adsorption and displacement of protein from the air/water interface during spray drying. The aqueous two-phase system (ATPS) of polyvinyl alcohol (PVA) and dextran, and the surface-active polymers, hydroxypropyl methylcellulose (HPMC) and triblock co-polymer (poloxamer 188) used for in situ coating, proved efficient in encapsulation of a model protein, bovine serum albumin (BSA). Inclusion of polymeric materials in a carbohydrate matrix also influenced several particle properties, such as the particle shape and the surface morphology, and was caused by changes in the chemical composition of the particle surface and possibly the surface rheology. In addition, powder performance of pharmaceutical relevance, such as dissolution and flowability, were affected.
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| 10. |
- Göthlin, Sara, 1979-
(författare)
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Prioritet och avtal : Intercreditoravtal i svensk rätt, särskilt vid insolvens
- 2023
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- An intercreditor agreement is a contract between two or more creditors in relation to a common debtor. It regulates, among other things, the priority of payment and the distribution of proceeds from the enforcement of security. Intercreditor agreements are widely used in corporate finance transactions, in connection with private as well as public loan issuance. The main aim of the thesis is to clarify under which circumstances, if any, agreements whereby a creditor is subordinated towards one or more other creditors are effective in the bankruptcy of either the borrower or a junior creditor. It is suggested that the ranking of claims be analysed as falling into one of two main types of legal construction. First, it is possible to construe the transaction as a transfer or pledge of rights over a junior creditor’s claim, or its claim on future dividends in the debtor’s bankruptcy. Second, it is possible that an agreement to subordinate in favour of one or more other creditors should be understood as a condition for repayment, making the junior claim conditional on the discharge of the senior debt. The thesis concludes that a receiver in bankruptcy should, as a main rule, observe a waterfall that certain creditors and the debtor have agreed ex ante. The same principle should apply in formal company reorganization proceedings. The conclusions are supported by a legal analysis carried out in Part III of the thesis. Further, such interpretation is in line with the normative framework set out in Part II of the thesis, which emphasises the interest of legal certainty and the upholding of pre-bankruptcy entitlements. In addition, the ongoing harmonisation of financial markets and insolvency law that is taking place on the EU level indicates the need to find paths under Swedish law that are consistent with international developments. The final chapter of Part III includes an analysis of the function of an agent as representative of a group of creditors under Swedish law. It is suggested that this is an area where the legislator should intervene without delay. Especially, the market would benefit from certainty concerning the right of an agent to represent creditors in court proceedings, and the enforceability of non-action undertakings of individual creditors. Importantly, if an agent is able to collect funds from a common borrower in and outside of bankruptcy, an agreed waterfall would become enforceable in practice.
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