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- Karlsson-Tuula, Marie, 1961-
(author)
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Rekonstruktion av företag inom insolvenslagstiftningens ramar : en jämförande studie av svensk och amerikansk insolvensrätt
- 2001
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Doctoral thesis (other academic/artistic)abstract
- Insolvency law is the rooth of commercial and financial law because it obliges the legislator to chose. There is not enough money to go round so the law must chose who to pay. The law must always decide who is to bear the risk so there is always a winner and a loser. The insolvency law has been at the policy agenda in many countries in the last years. In France, Germany, Italy, Japan and other countries have the legal frameworks changed from liquidation procedures to reorganization business. The legal situation in Sweden has also changed from compositions to reorganization business, lagen om företagsrekonstruktion. The key issues are to encourage the formal proceeding by enlarging the debtors control of the business and by inroads creditors rights, in which case the proceeding is pro-debtor.This dissertation compares Swedish and American Bankruptcy Codes with respect to similarities and differences at macro- and micro perspectives. Chapter 11 Reorganization Business in America provides a corporate rehabilitation model, which has been used in other countries. The dissertation also compares the use of the concepts of - the purpose, - the function and - the direction of Swedish and American Bankruptcy Laws in order to establish whether the law is pro-debtor or pro-creditor. The key indicators of whether the rescue proceeding is pro-debtor or pro-creditor include; - How easy it is to enter the rescue proceeding. Debtor's incentives to commence proceeding, freeze on executions and liquidation petitions, impact on security, impact on title of finance, impact on set-off and netting, impact on contract rescissions and lease forfeitures. Disclaimer and abandonment, ability to replace the management, financing of the rescue, scope of the rehabilitation plan. It is argued that the optimal bankruptcy law can be achieved if the law purpose, the function and the law direction relate to each other in Sweden, in both reorganization business and in the liquidation code and it also compared with the American Bankruptcy Code. According to my opinion this is important both in a national and international context.The dissertation also deals with debtor's contract in an insolvency situation in reorganization business and in liquidation. Swedish Laws are compared to the American Bankruptcy Code and point out similarities and differences. In the American Bankruptcy Code there is a special section 365 § BC dealing with executory contract, this section is nearly the same for both the reorganization- and liquidationproceedings. The contracts must be unperformed which means the obligation of both the bankrupt and the other party in the contract are so far unperformed that the failure of either to complete performance would constitute a material breach excusing the performance of the other. If the contract is unperformed the debtor has the possibility to chose if the contracts shall be assumed, assumed and assigned or rejected. Section 365 § BC requires the court to consider whether assumption of the contract in question will further be needed in either rehabilitation or liquidation of the bankruptcy estate. The court reviews the financial impact of the estate and if it is benefiting becoming administratively obligated to perform. The court also review if is best to breach the contract. In Sweden we have different sections which regulate the situation. One section in our reorganization law, lagen om företagsrekonstruktion, we also have two special sections in the law of Sale of Goods, which deals with contract when a debtor became insolvent or file for reorganization business. But we don't have any section in our liquidation law, konkurslagstiftningen, which in my opinion is very strange. We also have a problem with the legislation about swaps and netting which are regulated in a special law, lagen om handel med finansiella intrument. Particular attention is given to the advantages and disadvantages of the existing rules in Swedish legal system compared with 365 § in American Bankruptcy Code. From a national point of view such section should preferably include all types of contract in only one section which is nearly the same as the American model of section 365 §.
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| 2. |
- Calleman, Catharina, 1947-, et al.
(author)
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Avslutande reflektioner
- 2015
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In: Arbetskraft från hela världen. - Stockholm : Delegationen för migrationsstudier. - 9789188021090 ; , s. 500-526
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Book chapter (peer-reviewed)
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| 5. |
- Lunell, Erika, 1966-
(author)
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Okonventionella varumärken : - form, färg, doft, ljud
- 2007
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Doctoral thesis (other academic/artistic)abstract
- This dissertation deals with new types of marks – shape marks, colour marks, feel marks, hologram marks, motion marks, sound marks, scent marks and taste marks – which, as an option or complement to conventional word or figure marks, are being increasingly used as trade marks in the market place. This trend gives rise to legal and practical questions related to the application of already established trade mark principles in the new context. These questions are the topic of the present investigation. Two issues are studied more closely: the concept of distinctiveness and that of graphic representation.To function as a trade mark a sign must be capable of distinguishing goods or services of one undertaking from those of others. For this, a link must be established between the mark and the goods or services. A problem is that an unconventional sign often conveys functional or decorative messages in addition to the trade mark message. The problem of conflicting messages given by a mark is discussed in some detail, as well as the situation where multiple marks are used in relation to one and the same product. A special problem is that the mark sometimes may not be perceptible to the consumer until after the point of sale. An analysis is also presented of the conflict between the right of the trade mark owner to use, e.g., a colour mark, and the public interest in leaving free certain signs for everyone to use.In order to define the subject of protection, a trade mark application must include a graphic representation of the mark for which registration is sought. As a consequence of the interpretation by the European Court of Justice, the requirement of graphic representation today effectively blocks certain types of marks from being registered. It is suggested that the technical development now may motivate a generalization of the requirement, to include also other methods of representation.
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- Walin, Gösta, et al.
(author)
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Panträtt
- 2012. - 3
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Book (other academic/artistic)
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