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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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| 2. |
- Hartzén, Ann-Christine
(författare)
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The European Social Dialogue in Perspective : Its future potential as an autopoietic system and lessons from the global maritime system of industrial relations
- 2017
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- There are three starting points for this thesis. First, there is the system of ESD, which is criticised for lacking capacity to improve the working conditions within the EU. Secondly, there is the system developed through the global ITF FOC campaign, which is considered to have capacity to improve working conditions for seafarers at a global level. Thirdly, there is the theory on self-referential autopoietic systems, which is a useful tool for analysing systems of industrial relations and their functions. The purpose of this thesis is to deepen the understanding of the function of the ESD in relation to the development of EU legislation and policy with the aim of trying to find a model for providing a holistic analysis of regulatory systems for the labour market. The research questions are: ‘How can the significant differences and similarities between the ESD and the global ITF FOC campaign be understood?’ and ‘Why is the ESD generally regarded as lacking the capacity needed for producing results that improve working conditions, while the ITF FOC is considered to have such capacity?’ The theoretical framework used for the analysis is Luhmann’s theory on autopoietic systems. Since the thesis has a normative core I have applied a methodological model that consists of a two-layer analysis at both the empirical and theoretical level. Firstly an analysis of positivistic values has been carried out and secondly an analysis of hermeneutic values. The empirical material consists of documents and texts that can be considered part of or reflecting the communication of the studied systems. The main conclusion is that whereas the ITF FOC system is a traditional system of industrial relations based on the binary code of negotiable or non-negotiable between collective actors the ESD is a system of industrial relations based on a less clear binary code of discussable or non-discussable. The ESD is also subject to less developed communicative structures that negatively affect the system’s capacity both to produce results and to secure the efficient implementation and application of these results. This makes the ESD as a system more sensitive to hermeneutic values framing the programming of structurally coupled systems causing difficulties for the ESD to challenge such hermeneutic values.
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| 3. |
- Anderberg, Andreas, 1981-
(författare)
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Straffbar oaktsamhet
- 2015
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)
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| 4. |
- Andersson, Robert, 1968-
(författare)
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Kriminalpolitikens väsen
- 2002
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)
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| 6. |
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| 7. |
- Rosquist, Johan
(författare)
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Moral i rätten. Utredningar av hedersrelaterat våld i Sverige 1997-2017
- 2020
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- This doctoral thesis investigates assumptions about honour that emerge in the Swedish justice system’s investigations of honour related violence and oppression during the period 1997 – 2017, and with what implications. The aim is to deepen the understanding of how the Swedish justice system manages crimes presumed to be honour related, and shed light on implications of current descriptions of these crimes as new in Swedish society. The thesis is rooted in a Sociology of Law tradition, and studies the confrontation between formal law (the Swedish Code of Justice) and living law (honour as a discursive and social practice assumed to be enacted amongst some immigrant groups and families in Sweden) at different levels of the justice system. The thesis includes two chronological studies of policy documents and court decisions respectively, and a micro study of speech and action in courtrooms and interrogation transcripts from police records. Critical discourse analysis is combined with the moral sociology of Émile Durkheim, and four discourses are delineated. The discourses are either gender or culture oriented, and depart from either a structural or a relational perspective. Additionally, two more overarching discourses are delineated and used analytically to shed light on talking and writing about honour as a supposedly new phenomenon in Sweden. Honour practice is a discourse concerned with routine activities aimed at maintaining social order and predictability in clan-based and gender segregated societies. Honour problematics are discourses that problematise the consequences of honour practice in Swedish society, from the perspective of Swedish authorities. Results from the thesis indicate that although they vary over time, discourses in Swedish policy documents primarily focus on assumptions about gender, whereas discourses in court records focus on assumptions about culture. In court observations and police interrogations, discourses depict families as honour practicing (expressed by court professionals as well as by suspects, victims and witnesses themselves), and position family members in different ways depending on both generation and gender. Furthermore, the cohesion of Swedish society is reflected through the identification of an ‘other’ group that it is assumed does not share Swedish values about gender equality. Conversely, within that identified group, assumptions that gender equality is a threat to the social order of honour practicing families are frequently present. This implies that proponents of the living law (honour practice) experience a threat towards moral values, while the legislative body calls for changes in the formal law as countermeasures against an experienced threat to Swedish moral values.
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| 8. |
- Schömer, Eva
(författare)
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Konstruktion av genus i rätten och samhället : en tvärvetenskaplig studie av svenska kvinnors rätt till jämställdhet i ett formellt jämlikt rättssystem
- 1999
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- On the first of January 1992 the present Equal Opportunity Act came into force. A central aim of this law is to improve the conditions of women's working life. One aspect of the law is the possibility to serve as a mean of shifting the balance of power between the sexes. This is meant to be achieved through the inclusion of requirements for active measures to promote equality. As a part of their statutory obligations, employers with ten or more employees are to draw up an annual so-called equality plan. Economic independence is one of the most important conditions, which is necessary in order for a person to develop into an equal individual in the society of today. Equal pay for equal work has been raised as a feminist demand ever since the industrialisation. The demand for equal pay for equal work is not only a feminist issue but also a question that has its roots in the liberal ideology of equality. The central question of the thesis is if there exist social rules that construct gender in the labour market. The question is illustrated from a feminist position and is discussed against the background of employers' active equality work and the Labour Court's judgement of cases concerning pay-discrimination. The starting-point is the paradox of "equal equality"("jämlik jämställdhet"): whilst there is a formal equality between the sexes i.e. they shall be treated equally, there is still the possibility of the law giving preference to one sex at the expense of the other. The thesis is interdisciplinary in its analysis of the Swedish Equal Opportunity Act. Instead of only discussing traditional questions concerning the law, the intention is to find answers to questions of whether the surrounding society affects the actual observation of the Equal Opportunity Act and the Labour court's application of the same law. If that is the case how does this occurs. The intention is thus to bring together two fields, which have been divided for long, that is the study of law and the study of society.
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| 9. |
- Trenta, Cristina, 1967-
(författare)
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Iva e servizi di comunicazione nel modello comunitario e nell'esperienza italo-svedese
- 2007
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- That PhD research was mainly concerned with the national implementations of Directives1999/59/EC and 2002/38/EC, currently contained in Directive 2006/112/EC, in respect tocommunication services in the field of VAT and territoriality of intellectual services andintangible assets, in both Sweden and Italy. It aimed at providing an overview of Communityrequirements, and of current issues, national debates, steps towards compliance and thedifferent degree of harmonisation within the European regulatory framework attained in thetwo countries. It also detailed the changes in Swedish and Italian VAT Tax Law in connectionwith communication services. Special attention was devoted to providing a correct model forthe classification of transactions relating to telecommunications services, radio and televisionbroadcasting services and services supplied by electronic means, at both the Community andnational levels, as this identification and classification directly shapes the very way the rules ofterritoriality are applied.As such, that research targeted some of the most critical aspects of the nationalimplementations in the two countries and their possible lack of harmonization with theEuropean framework:1. the problem of the identification and classification of telecommunication services, radioand television broadcasting services and services supplied by electronic means at theCommunity level and in the two countries, in relation to territoriality;2. the principle of territoriality at the Community level in the field of telecommunications,radio and television broadcasting and electronic services, and its implementation in Swedenand Italy;3. the VAT rates applicable to each of these services and the impact of these rates onnational tax systems.Therefore, that research did not investigate European legislation per se, but rather as seenthrough the lens of national systems as they are implemented by means of laws and decrees.The results showed a lack of harmonization connected with the national implementation ofDirectives and suggested the factual possibility that double imposition (or lack of imposition aswell) issues may rise in transactions between Member States. It was clear how these issuesbuilt on a generic lack of clarity which is evident in the text of the Directives, and inimplementation errors at the national level.
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| 10. |
- Trenta, Cristina, Associate professor, docent, 1967-
(författare)
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VAT in peer-to-peer content distribution : towards a tax proposal for decentralized networks
- 2013
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- Peer-to-peer (P2P) is just the most prominent among a number of new technologies and social phenomena which allow easy searching, downloading, and sharing of resources online.P2P networks are increasingly becoming an important medium for the exchange of digital information, in both legitimate and illegitimate scenarios. New business models are prefigured, pioneered, and fostered by early adopters and innovative companies, but the disruptive, personal, many-to-many model P2P enables has largely framed it also as a threat to the media and content industries as a whole. All digital or digitizable media products, software, films and music in particular, whose distribution models have been overlaid by the new, different and largely unorthodox technologically-driven social dynamics of large-scale sharing face an unprecedented challenge, an interesting opportunity, and the risk of legal double-standards. Taxation is a particularly critical element, with vast repercussions on the development of a mature, profitable market.But do P2P transactions fall within the field of consumption taxation? Should they? Will they in the foreseeable future? What benefits businesses enterprises, the international community, the EU and national tax authorities might achieve by considering them fully integrated with the different VAT systems? What fiscal, and hence economic, consequences might result from classifying a file-sharing operation as liable of consumption taxation for all players involved? Would this create a new market and foster economic growth?The status quo for digital and media supplies using P2P technologies will be analyzed in detail within the framing of an interdisciplinary approach. Challenges and opportunities will be assessed through the lenses of consumption taxation and copyright law, and measured against the two foundational powers of a state, the power to apply taxation and the power to punish unlawful action.P2P networks and technologies are going to play a critical role in the distribution of digital content. Whether as a convenient, alternative, economically-sound channel to distribute content through, or as a legal wasteland, remains to be seen. Hopefully, this book will help the conversation along
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