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- Henrikson, Ann-Sofie, 1969-
(author)
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Överskuldsatt och skyldig : en rättsvetenskaplig analys av konsumentskyddet mot överskuldsättning
- 2016
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Doctoral thesis (other academic/artistic)abstract
- Consumer credit is seen as a matter of course and an essential precondition enabling the individual consumer to allocate in a smooth manner his or her income to varying expenses, and allowing the growth-rate to increase in society. The consumer community using different forms of credit has increased and includes today a diversity of social groups such as the elderly, children, the rich and the poor. Credit is not just a good thing, however, as it involves risks of failing to fulfill the credit contract obligations.The point of departure for the thesis is that over-indebtedness constitutes a problem which society wishes to solve because it causes considerable difficulties for both individuals and society as a whole. Numerous rules govern loans in Sweden, from the moment the consumer contemplates entering into a credit contract to the moment when the consumer is too indebted to repay the debt when due and must seek debt-repayment-plan modification. The thesis examines and analyses which consumer protections against overindebtedness emerge from these rules.The study shows that the regulatory measures adopted in recent years are similar to each other and mostly consist of rules protecting the consumer before a credit contract is concluded. Although the purpose of other existing rules addressing the last phase of the credit process is to protect the consumer who miscalculated his or her future economic circumstances, the protection is overall weak. In fact some of the rules in the last phase of the credit process can contribute to aggravating the consumer’s economic situation.
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- Indén, Tobias, 1977-
(author)
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Kommunen som konkurrent : Kommunalrättsliga befogenheter och konkurrensrättsliga begränsningar
- 2008
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Doctoral thesis (other academic/artistic)abstract
- It is common practice that Swedish municipalities sell services and utilities in competition with private undertakings. For example Swedish municipalities have been engaged in driving schools, sold plants from municipal plant schools, provided real estate maintenance services to private persons and companies, and municipal public baths have also been engaged in public gyms. Commitments on these areas have earlier in large extent been reserved to private operators and the area is therefore to be denoted as the proper business community. The fact that the municipal operators in a larger extent engage in activities on the market which by tradition have been reserved for private undertakings, when private undertakings at the same time get access to many markets which have recently have been subject to different types of liberalisations, risks creating competition problems; especially in situations when the municipal operators in various way are being favoured by their owners, the municipalities. In this dissertation the conflicts that often occur when municipal undertakings engage in business activities are being analysed in the light of the Swedish local government act, the competition legislation and the European prohibition against state aid. The analysis focuses not only on a general approach but also on three specific areas. The areas that are treated in particular concerns municipal rental housing, municipal gym services and municipal commitments in certain service sectors, as in restaurants and conferences, including municipal tourism industry. Moreover the analysis results in a presentation of alternative strategies on how to solve or at least mitigate the competition problems that can arise when municipal operators compete with private companies. The alternative strategies that are presented are not built solely on an analysis of the above mentioned legislation and the specific areas but it is also based on proposals put forward in earlier enquiries and in the doctrine. Moreover inspiration for the alternative strategies is found in the comparative survey that is done, where first and foremost the Danish judicial system is analysed.
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- Jacobson, Herbert, 1952-
(author)
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Preskriptionens funktioner : Fordringsrättsliga och ersättningsrättsliga problem i komparativ belysning
- 2005
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Doctoral thesis (other academic/artistic)abstract
- The starting point of this thesis is the Swedish rule regarding limitation of non-contractual tort claims. According to this rule, based on Swedish common law, such a tort claim is limited by statute 10 years after the occurrence of the event giving rise to the damage. As a consequence, a tort claim may be time barred even before the creditor has gained knowledge of the damage, making it impossible for him to interrupt the limitation period. In order to investigate the purpose and workings of limitation periods, the common law rules on limitation in France, Germany and Sweden are compared. One of the results of the comparison is the finding that there exists a deep kinship between two principally different limitation periods regarding adverse possession or extinctiv limitation. Another finding is that the scope of limitation not merely is to contravene the effects of the passing of time as to the quality of the evidence, the reliability of evidence assumed to diminish with time. The scope is also to rinse society from old claims, which have not been put forward. A third finding is that the knowledge of the creditor of his claim is essential for the proper working of the institution of limitation.In the second part of the study, the rules on limitation of non-contractual tort claims in France, Germany, Norway, Denmark and Sweden are compared. In addition, the limitation rules in these countries regarding claims stemming from insurance contracts are also compared. Even if the volutary claims spring out of a contract, tort claims are deeply intertwined with insurance and insurance protection in modern societies. The insurance aspect thus cannot be neglected. The principally most important finding in this part is the observation that the Swedish solution on the problem of limitation of non-contractual tort claims is unique. All the other countries allow the limitation period to start when the creditor has sufiecient knowledge to file an action with the court. On the other hand, the Swedish system has a very long limitation period for insurance claims, which may be a result of the Swedish tendency to more rely on insurance solutions than on tort law for the protection of the citizens.
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- Leidö, Jan, 1983-
(author)
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Realizing the Single Software Market : Cross-National Validity of Software License Agreements
- 2014
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Doctoral thesis (other academic/artistic)abstract
- The Internet has revolutionized the software industry, one of the world’s largest businesses. A single software market is emerging, independent of national borders, where products and services are digitally distributed. But the legal framework for software transfers is not geographically independent; relevant underlying law varies substantially between different legal systems.In this doctoral thesis, cross-national validity of certain standard software license agreements is examined as a solution to overcome national differences and improve the emerging single software market. Cross-national validity is mapped, explained, and improved under American and German law. The United States and the European Union collectively dominate the single software market. Within the EU, Germany is the most relevant legal system, and many conclusions reached under German law can be extended to the entire EU.The study identifies many current issues, caused by inter alia inherent limits of law, fundamental differences between German and American law, and problematic transferor choices. Current issues exist regarding formation, substantive content, and interpretation of software license agreements on a cross-national level. This leads to increasing legal and practical problems for the industry and individual transferors.Major and minor improvements in software license agreements and business models are suggested to achieve cross-national validity. Simple advice includes better assent mechanisms, prior disclosure, clear notice, and translating software license agreements. More comprehensive advice includes focusing on provisions that are essential from a business or technical perspective, rethinking certain business and technical choices that might lead to legal problems, making compromises over certain provisions that have only minor legal advantages but clear legal disadvantages, and choosing a way to bridge or avoid national differences regarding central provisions and practices from among available suggestions adapted to different business models.Making such improvements is becoming increasingly important as lawmakers and consumer associations in different countries become ever more active, and as developing countries become increasingly important. Improving cross-national validity will enhance legal certainty and bring us one step closer to realizing the single software market.
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- Lidström, Anders, 1953-, et al.
(author)
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Adjusting to international standards : has Sweden learned from the European Charter of Local Self-Government?
- 2018
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In: Lex Localis. - : Institut Za Lokalno Samoupravo in Javna Narocila Maribor. - 1581-5374 .- 1855-363X. ; 16:4, s. 951-969
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Journal article (peer-reviewed)abstract
- Following Swedish ratification of the European Charter of Local Self-Government in 1989, a number of further reforms of Sweden’s system of local government have taken place. Based on premises derived from institutional theory, this article examines the extent to which these reforms can be seen as further adjustments to the Charter. Analyses of monitoring reports and policy documents indicate that the reforms are largely inspired by the Charter but that some key features of the Swedish legal system, such as the lack of a significant judicial remedy, remain unaffected despite the demands of the Charter.
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