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- Karlsson-Tuula, Marie, 1961-
(författare)
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Rekonstruktion av företag inom insolvenslagstiftningens ramar : en jämförande studie av svensk och amerikansk insolvensrätt
- 2001
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)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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| 3. |
- Hallengren, Anders, 1950-
(författare)
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The code of Concord : Emerson's search for universal laws
- 1994. - 1
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- The purpose of this work is to detect a pattern: the concordance of Ethics and Aesthetics, Poetics and Politics in the most influential American thinker of the nineteenth century. It is an attempt to trace a basic concept of the Emersonian transcendentalist doctrine, its development, its philosophical meaning and practical implications. Emerson’s thought is analyzed genetically in search of the generating paradigm, or the set of axioms from which his aesthetic ideas as well as his political reasoning are derived. Such a basic structure, or point of convergence, is sought in the emergence of Emerson’s idea of universal laws that repeat themselves on all levels of reality.A general introduction is given in Part One, where the crisis in Emerson’s life is seen as representing and foreshadowing the deeper existential crisis of modern man.In Part 2 we follow the increasingly skeptical theologian’s turn to science, where he tries to secure a safe secular foundation for ethical good and right and to solve the problem of evil.Part 3 shows how Emerson’s conception of the laws of nature and ethics is applied in his political philosophy.In Part 4, Emerson’s ideas of the arts are seen as corresponding to his views of nature, morality, and individuality.Finally, in Part 5, the ancient and classical nature of Concord philosophy is brought into focus.The book concludes with a short summary.
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| 4. |
- Ingvarsson, Torbjörn, 1967-
(författare)
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Borgensliknande säkerhetsrätter
- 2000
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- Säkerheter för krediter kan utformas på en rad olika sätt. Flera typer av säkerheter liknar eller ersätter borgen. Avhandlingen avser att besvara frågan: När är borgensreglerna tillämpliga på en garanti som inte betecknas som borgen och vilka blir effekterna av att borgensreglerna befinns vara tilllämpliga.I arbetets första del uppställs kriterierna för att en konkret säkerhet skall klassificeras som borgensliknande. Tesen uppställs att de borgensliknande säkerhetsrätterna som huvudfall bör vara underkastade borgensreglerna. Denna utgör utgångspunkten för den vidare analysen av de enskilda säkerhetsformerna.I studiens senare delar behandlas bland andra frågot i vilken mån stödbrev, bankgarantier och garantier i försäkringsform är underkastade borgensreglerna. Förutom dessa obligationsrättsliga säkerhetsrätter behandlas även den borgen närstående tredjemanspanten.Arbetet avslutas med en argumentation för en revidering och kodifiering på samnordisk bas av garantirätten.
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| 7. |
- Longworth, Sally Alexandra, 1983-
(författare)
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Freedom of expression in armed conflict : The silence between spaces
- 2022
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- This thesis investigates the relationship between international human rights law (IHRL) and international humanitarian law (IHL) in regards to the right to freedom of expression in armed conflict. Freedom of expression is a touchstone of other human rights and a cornerstone of democracy. Digital technology, social media and the internet have enormously facilitated the exercise of this right and completely changed how societies seek, receive and share information. These changes have significant impacts in situations of armed conflict, where the stakes of ensuring access to accurate information are raised even further. However, despite significant research on the relationship between the application of IHRL and IHL during armed conflict, freedom of expression remains an underexplored area. A deeper look on a normative level at the right to freedom of expression in armed conflict reveals a dynamic relationship between IHRL and IHL. This research shows that the protection and fulfilment of the right to exercise freedom of expression under IHRL is a core mechanism for fulfilling the obligations to respect and ensure respect under IHL. In addition, IHL provides complementary protections aimed at addressing the specific vulnerabilities of the exercise of freedom of expression presented by situations of armed conflict. The IHL provisions import lessons from history that those who speak out against atrocities and violence are often silenced and that the dominance of one narrative and interest can lead to further violations of international legal standards. Recourse can therefore be made to IHRL standards in interpreting these requirements under IHL. In such circumstances, IHRL may offer individuals an opportunity to secure their rights under IHL through IHRL enforcement mechanisms where these rights are complementary to the protection of freedom of expression under IHRL. Simultaneously, the application and interpretation of the right to freedom of expression can inform the implementation of other IHL obligations that impact the exercise of freedom of expression, such as addressing the spread of misinformation as a ruse of war or where the parties to the conflict block access to the internet and other information sources. Further, the situation of armed conflict changes the context in which the right to freedom of expression may be exercised. Depending on the nature of the interference with the right and particular facts, it is necessary to refer to IHL in order to understand how the right operates in the context of armed conflict. This cross-referencing between the two bodies of law is necessary to uphold the rights contained therein and to implement the corresponding obligations coherently. Doing so reveals opportunities and solutions to address issues raised in the concurrent application of both bodies of law. That said, unless the proper balance is achieved between these overlapping norms, the protections afforded under both risk being undermined. As freedom of expression is a cornerstone of democracy, understanding the legal framework applicable to its exercise in armed conflict is essential to keep the whole house from tumbling down.
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| 8. |
- Lunell, Erika, 1966-
(författare)
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Okonventionella varumärken : - form, färg, doft, ljud
- 2007
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)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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| 9. |
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| 10. |
- Olsen, Lena, 1951-
(författare)
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Ersättningsklausuler : vite och andra avtalade ersättningar vid kontraktsbrott
- 1986
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- The object of this work is to consider the importance of the purpose attached to such clauses as liquidated damages, penalties and forfeiture. Such clauses are common for example in contracts for goods and construction. They also appear in the form of a deposit in contracts for land. As a general term for this kind of clauses the term ”compensation clause” is used.The primary method used has been analysis of ordinary Swedish High Court-cases. As most of these cases date back to the turn of this century, the author discusses whether they still represent a correct view in today’s society. As much of the analysis conserns such intricate matters as construction of contracts, cases from other Nordic countries are not used. However, Nordic legal literature is considered frequently in the discussion. English and German law on the field is dealt with in a separate chapter.The main result of the study is that the individual purpose of the compensation clause appears to play only a minor role in its application. However, a general aim, to provide compensation and fascilitate dispute settlement, is fulfilled through presumptions and adjustment. The main aspect is whether the clause requires a breach of contract. Different kinds of clauses are applied similarly. Thus the term ”compensation clause” is recommended as a more general term for clauses requiring breach of contract and specifying either a special amount or the basis for calculation.The construction of the clause in different aspects is discussed, e.g., the relevant breach, the necessity and influence of the actual damage and the possibility of requiring performance of the contract. The possibility of an adjustment of the amount according to Contract Act 36 § is considered, as well as the validity of a clause connected with an invalid obligation.
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