| 1. |
- Almlöf, Hanna, Lektor, 1981-, et al.
(författare)
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Om rättsmissbruk i aktiebolagsrätten : Särskilt om minoritetsmissbruk
- 2024
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Ingår i: Svensk Juristtidning. - 0039-6591.
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Tidskriftsartikel (refereegranskat)abstract
- I denna artikelserie om två delar undersöks om det i svensk rätt finns en princip om rättsmissbruk, vad den närmare innebär, särskilt utifrån ett aktiebolagsrättsligt perspektiv, och vilka rättsföljder den kan aktualisera. Vidare analyseras förhållandet till lojalitetsplikten. Syftet är ytterst att utreda om det i svensk aktiebolagsrätt finns en allmän rättsprincip innebärande ett förbud mot majoritets- respektive minoritetsmissbruk. I denna Del II av artikelserien fokuserar vi på minoritetsmissbruk.
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| 2. |
- Andersen, Paul Krüger, et al.
(författare)
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Response to the Proposal for a Directive on Corporate Sustainability Due Diligence by Nordic and Baltic Company Law Scholars
- 2022
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Annan publikation (övrigt vetenskapligt/konstnärligt)abstract
- On February 23, 2022, The EU Commission published its Proposal for a Directive of the European Parliament and of the Council on Corporate Sustainability Due Diligence and amending Directive (EU) 2019/1937 (“CSDDD” or “the Proposal”). The purpose of the Proposal, to further the “Union’s transition to a climate-neutral and green economy in line with the European Green Deal and in delivering on the UN Sustainable Development Goals”, is of great importance, and the Commission’s initiative is therefore commendable. However, it is our firm opinion that the Proposal should not be enacted in its present form, and that if it were to be, it would not only damage European businesses but also run the risk of having an adverse effect on both the transition to a climate-neutral economy as well as the goal of delivering on the UN Sustainable Development Goals. This is to a large extent because many of the Proposal’s provisions are excessive, unfounded and disproportionate and as such in violation of the fundamental principles of subsidiarity and proportionality safeguarded by Art. 5 TEU as well as having a questionable basis in Art. 50 TFEU. Furthermore and in regard of procedure, we find that the presentation of the Proposal by the Commission represents a disregard for the principles of better regulation that should not pass unnoticed and must be observed in the future to maintain trust in the legislative process of the Union.In this response to the consultation, we have presented an analysis of the key issues of the Proposal from a corporate governance perspective. We have divided the response into two parts: one on the pure corporate governance parts of the Proposal (article 15, 25 and 26) and one of the due diligence parts of the Proposal. With regards to the corporate governance parts of the Proposal, our conclusion is that they, by and large, should not be included in the proposed directive at all. Including them would in several ways be in breach of the EU principles on subsidiarity and proportionality, but perhaps more importantly, they are not only unsubstantiated by available empirical evidence on corporate behaviour, but also refuted by what we know. There is also good reason to believe that the proposed rules on director’s duties and environmental remuneration would risk decreasing the effectiveness of the stock markets within the EU contrary to the goal of a Capital Market Union, which also risk slowing down the necessary transition to a green economy and the goals of the EU Green Deal. The regulation necessary for the Capital Market Union and the EU Green Deal should complement each other, not collide as would be the outcome if the Proposal is adopted in its present form.With regards to the due diligence parts of the Proposal, our criticism is limited to corporate governance aspects and far less fundamental. We primarily believe that grounds for harmonisation needs further consideration in the present very challenging times, that Article 22 on Civil Liability might in several ways be counter-productive to the goals of the Proposal, that the effects on SMEs as well as for the financial companies included covered by the Proposal warrants further analysis, that the choice to focus the Proposal on individual companies instead of company groups needs to be reviewed, and that a risk based approach should be taken rather than an approach were companies are unable to focus their efforts to where they can be most effective. Overall, these issues can be worked out, but if they are not, then the proposed directive would not only have a severe adverse impact on EU companies and possibly capital markets, but might actually hinder EU companies from acting in the way that the Proposal aims for them to do.This joint response to the public consultation is made by a group of Nordic and Baltic company law scholars who, although we may not agree on every detail, do share the main arguments and grave concerns expressed here.
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| 3. |
- Berlips Persson, Merit, 1972-
(författare)
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Företagsnamnet som varukännetecken : En rättsvetenskaplig studie av det korsvisa skyddet
- 2022
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Doktorsavhandling (övrigt vetenskapligt/konstnärligt)abstract
- The rationale behind intellectual property protection of signs is that they are used commercially. Signs can among other things be a company name or a trade mark. The uses of company names and trade marks in the market often overlap, especially for well-known signs. For the consumer, the sign outside a McDonald’s is equally comprehended as representing the burgers and services inside as it is the business. Due to this overlapping use and the historically close relationship between company names and trade marks, the Swedish Trade Marks Act (2010:1877) grants company names the same protection as trade marks and vice versa in the Company Names Act (2018:1653). This cross-protection is explained by the legislator to be automatic. In other words, a company name is protected as a trade mark even in cases where its function is not the same as the trade mark’s function, which is as an indicator of the origin of goods and services. The function of a company name is not to indicate the origin of goods and services, but rather to identify and establish the legal entity according to company law and, when used as a trade name or sign, to indicate the business according to the Company Names Act.This legal study considers these issues from the perspective of company names and analyses the legal concept of the cross-protection under Swedish law. The overall aims of this study are to consider and analyse the legal coordination between company names and trade marks, and to examine the extent to which this complies with the EU harmonized trade mark law. Two hypotheses are tested: 1. there is an imbalance in how the legal concept of signs is applied to company names and trade marks; and 2. the automatic protection of company names as trade marks is not in compliance with EU harmonized trade mark law. This study also aims to present a legislative solution de lege ferenda. To fulfil the aims of the study, current law has been examined taking into account historical, societal and legal developments – as well as market realities – in Sweden, the EU and internationally.The conclusions of this study are that both hypotheses are substantiated and that the cross-protection in Swedish law is excessive, as it gives protection to company names that goes beyond their true functions both in company law and under the Company Names Act. The imbalance between company names and trade marks as signs means that company names are given wider protection than equivalent trade marks. Since the functions of a company name are not the same as the functions of a trade mark, it is not in compliance with the EU harmonized trade mark law to give company names automatic protection as trade marks.
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| 4. |
- Dimenäs, Sandra L., 1989, et al.
(författare)
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Adolescents' self-reported experiences following a person-centred, theory-based educational intervention versus conventional education for improved oral hygiene: Analysis of secondary outcomes of a randomized field study
- 2023
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Ingår i: JOURNAL OF CLINICAL PERIODONTOLOGY. - 0303-6979. ; 51:1, s. 63-73
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Tidskriftsartikel (refereegranskat)abstract
- Aim: To analyse adolescents' self-reported experiences and behavioural outcomes of a person-centred, theory-based intervention in comparison with conventional information/instruction for improved oral hygiene.Materials and Methods: Data were derived from a prospective, multi-centred, two-arm, quasi-randomized field study focusing on the effectiveness of educational interventions for improved oral hygiene. Dental hygienists working within the Public Dental Service, Vastra Gotaland, Sweden, provided treatments, and adolescents with poor oral hygiene conditions were eligible for participation. The person-centred test intervention was based on social cognitive constructs, and motivational interviewing was used as an approach in communication. The control intervention included conventional information/instructions. Clinical examinations were performed, and questionnaires were distributed at baseline and at 6 months. Three-hundred and twelve patients were enrolled, and data from 276 patients, following treatment per protocol, were analysed.Results: The test group was more satisfied with the education about gingivitis (very good: 61% vs. 37%) and communication during therapy (very good: 69% vs. 50%) and reported to a larger extent that they were much more careful regarding their oral hygiene after the treatment (30% vs. 15%) and had higher confidence about keeping up healthy gingival conditions, in comparison with the control group (all p < .01).Conclusions: The person-centred, theory-based intervention was superior in terms of adolescents' experiences of education and communication during therapy and self-reported oral hygiene behavioural outcomes at 6 months, in comparison with conventional information/instruction.
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| 5. |
- Ericsson, Jessica S, 1971, et al.
(författare)
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Health investment behaviors and oral/gingival health condition, a cross-sectional study among Swedish 19-year olds
- 2016
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Ingår i: Acta Odontologica Scandinavica. - : Informa UK Limited. - 0001-6357 .- 1502-3850. ; 74:4, s. 265-271
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Tidskriftsartikel (refereegranskat)abstract
- Objectives: To test the hypothesis that certain individual, environmental and lifestyle factors are positively associated with beneficial health investment behaviours and oral/periodontal health among adolescents. Methods: Five hundred and six randomly selected 19-year old subjects living in two different areas (Fyrbodal and Skaraborg) in the county council of Va¨stra Go¨ taland, Sweden participated in a clinical examination and answered questionnaires covering psycho-social and health behavioural issues. Two oral-health models were estimated with gingivitis score as an objective and self-perceived oral health as a subjective indicator. Three health- investment behaviour models were designed with indicators directly related to oral health and two with indicators related to general health as well. The explanatory variables included gender, upper secondary education programme, native country, living area, general self-efficacy and parents’ education level. Results: In the objective oral-health model, theoretical studies and living in the Skaraborg area were both positively associated with a lower gingivitis score. For the subjective oralhealth indicator, none of the explanatory variables showed statistical significance. In the investment-behaviour model with ‘tooth-brushing 2 times daily’ as a health indicator, female gender and theoretical studies showed statistically significant associations. With the indicators ‘no/ few missed dental appointments’, ‘no tobacco use’ and ‘weekly exercise’, theoretical studies were statistically significant and positively associated. In the investment model with ‘perceived oral health care attention’ as an indicator, a high score of general self-efficacy was significantly associated with the feeling of taking good care of the teeth. Conclusions: Individual, environmental and lifestyle factors are associated with young individuals’ oral health investment behaviours and gingival health conditions. ARTICLE HISTORY Received 10 March 2015 Revised 15 October 2015 Accepted 19 October 2015 Published online 23 November 2015 KEYWORDS Health behaviour; human capital; oral; periodontal; youth Introduction Oral health is an integral part of general health and well-being [1–3]. However, what motivates people to invest in their oral health differs. In fact, several
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| 6. |
- Ericsson, Jessica S, 1971, et al.
(författare)
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Oral health-related perceptions, attitudes, and behavior in relation to oral hygiene conditions in an adolescent population
- 2012
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Ingår i: European Journal of Oral Sciences. - : Wiley. - 0909-8836. ; 120:4, s. 335-341
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Tidskriftsartikel (refereegranskat)abstract
- The aim was to analyze oral health-related perceptions, attitudes, and behavior in relation to oral hygiene conditions among 19-yr-old Swedish subjects. A random sample of 506 individuals was clinically examined regarding oral hygiene conditions and provided questionnaire-based information on oral health-related perceptions, attitudes, and behaviors. Higher scores of plaque and gingivitis were significantly related to the following perceptions: (i) a less favorable oral health situation, (ii) a lower satisfaction with the esthetic appearance of the teeth, (iii) more frequent gingival bleeding during toothbrushing, (iv) less favorable self-care of the teeth, (v) a lower possibility to impact on own oral health, (vi) a lower importance of cleaning the teeth, and (vii) a lower importance of good oral health conditions. More favorable oral hygiene conditions and more positive perceptions, attitudes, and behaviors towards oral health were found among female subjects than among male subjects. In conclusion, adolescents with high scores of plaque and gingivitis had less positive perceptions, attitudes, and behaviors towards oral health than those with more favorable oral hygiene conditions.
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| 7. |
- Ericsson, Jessica S, 1971, et al.
(författare)
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Periodontal health status in Swedish adolescents: an epidemiological, cross-sectional study
- 2009
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Ingår i: Swedish Dental Journal. - 0347-9994. ; 33:(3), s. 131-139
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Tidskriftsartikel (refereegranskat)abstract
- The aim of this epidemiological survey was to analyze the periodontal conditions of 19-year old individuals in two rural county areas, i.e. Fyrbodal and Skaraborg, Västra Götaland, Sweden, with special reference to gender and socioeconomic grouping. A randomized sample of 506 individuals (Fyrbodal 250 and Skaraborg 256 individuals, respectively) was clinically examined with regard to oral hygiene, gingivitis, periodontal pockets and gingival recession. Bitewing radiographs were used for assessment of alveolar bone level (ABL) and dental calculus. A questionnaire-based interview regarding oral hygiene habits was included. A majority of the subjects (76%) claimed to brush their teeth at least twice a day, while interdental hygiene means were used daily by 4%. The subjects showed a mean plaque score of 47% and a gingivitis score of 56%. Forty-six % of the adolescents had a plaque score of > or = 50%, whereas the corresponding figure for gingivitis was 62%. The subjects had on average 5.5 teeth with facial gingival recession. The mean prevalence of sites with probing depth (PPD) of > or = 4 mm was 8, out of which 99% were located at proximal sites. A radiographic bone level of > 2 mm was observed at on average 0.4 teeth per subject. Logistic regression analyses revealed that gender (males) and county area (Fyrbodal) were significant factors for a high plaque and gingivitis score. There was no significant difference in periodontal conditions in relation to socio-economic grouping. In conclusion, the survey revealed higher prevalence of plaque and gingivitis among male than female adolescents, but no differences between socioeconomic groups.
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| 8. |
- Östberg, Anna-Lena, et al.
(författare)
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Socio-economic and lifestyle factors in relation to priority of dental care in a Swedish adolescent population.
- 2010
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Ingår i: Swedish dental journal. - 0347-9994. ; 34:2, s. 87-94
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Tidskriftsartikel (refereegranskat)abstract
- The aim of this epidemiological survey was to describe and analyze oral health habits and life-style factors in relation to the priority of regular dental care in 19-year-old individuals with specific reference to gender, residential area and socio-economic grouping. The data were generated from a randomized sample of 758 (63%) individuals in three residential areas in Western Sweden (two rural, one urban) who answered a set of questionnaires prior to a dental examination. The analysis revealed that males had significantly less favourable oral health habits than females. Forty-one % of the males and 30% of the females did not plan regular dental visits after the age of 20 when they will be charged for the care (p = 0.002). There were no statistically significant differences in oral health habits and dental care priorities with regard to residential areas and socio-economic groups. In a multivariate model, three significant factors for the probability of "not planning for future regular dental visits" were identified: toothbrushing less than twice daily (OR 1.94; 95% CI 1.28-2.94), smoking (OR 1.68; 95% CI 1.10-2.56) and male gender (OR 1.54; 95% CI 1.05-2.24). The findings emphasize the need for promotion of favourable oral health habits and smoking prevention among adolescents. There is also a need for dental personnel to recognize differences with regard to oral health-related attitudes and behaviours between males and females.
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