Summary exempelklausuler

Summary. In construction contracts, liquidated damages are common as part of agreements between the parties. They are often introduced as conditions for adhering to times, quality and working environment. The function of the liquidated damages is to agree in advance on a penalty for breach of contract. The advantage for the employer is that the amount does not need to be proven as in the case of a claim for damages, and damage does not have to have occurred. For the contractor, the advantage of liquidated damages is that the indemnity for breach of contract can be calculated in advance and make risks easier to calculate. There are also risks associated with liquidated damages when the legal position is examined. In the event of damage, the liquidated damages may lead to a limited indemnity for damages, but in other cases does not exclude being combined with indemnity. What applies is decided on a case-by-case basis by interpreting the agreement between the parties and an in dubio principle does not exist. The liquidated damages can be adjusted according to Contract Act Section 36 (36

Summary. Spouses have the opportunity to regulate their economic relations in case of a divorce, through a prenuptial contract. The contract could, at the time of the partition, appear as inequitable for one of the spouses. In such cases can that spouse invoke the provision on adjustment of prenuptial contracts in chapter 12 section 3 of the Swedish Marriage Code (1987:230). There’s yet a lack of recent case law regarding adjustment of prenuptial contracts. Accordingly, there’s a lack of guidance for when a prenuptial contract can be adjusted. However, chapter 12 section 3 of the Swedish Marriage Code (1987:230) is formed with the general clause against inequitable terms of agreement in sec- tion 36 of the Swedish Contracts Act (1915:218) as model. In addition, the grounds for adjustment are correspondent. Present petition discusses there- fore the opportunity to apply case law regarding section 36 of the Swedish Contracts Act (1915:218), on adjustments of prenuptial contracts. The essay’s purpose is reached by using legislative history, case law and doc- trine, to investigate how chapter 12 section 3 of the Swedish Marriage Code (1987:230) should be applied, the characteristics of family-law agreements and the motives behind chapter 12 section 3 of the Swedish Marriage Code (1987:230) and section 36 of the Swedish Contracts Act (1915:218) respec- tively. Accordingly, the essay has a legal development-character. The legal dogmatics-method is used. The main conclusion is that there’s good opportunities to apply case law re- garding section 36 of the Swedish Contracts Act (1915:218), on adjustments of prenuptial contracts. The characteristics of family-law agreements, the dif- ferences between the functions of prenuptial contracts and property-law agreements and the different requirements for adjustment must, however, be considered. Certain circumstances, in a Swedish Supreme Court ruling, im- plying that a property-law agreement is inequitable could serve as guidelines when adjusting a prenuptial contract. Yet, a judgement based on the overall situation, must be made. Finally, the conclusion is drawn that the Swedish Supreme Court ruling in NJA 2020 p. 624 justifies a broader area of applica- tion for chapter 12 section 3 of the Swedish Marriage Code (1987:230).

Summary. Sustainability is a keyword for a number of business areas and today there is a big interest for sustainable rating systems. The construction business has worked with environmental labeling of buildings for a long time, and this interest has now reached the civil engineering industry. This increasing interest initiated a discussion within the civil engineering industry about what sort of system is needed, how this system should be designed, what CEEQUAL can offer, and what other systems can offer. The desire to further investigate this initiated an application to SBUF, the development fund of the Swedish construction industry. Behind this application were WSP, The Swedish Transport Administration, NCC, Skanska and PEAB. The aim of the project is to build a foundation for collaboration within the industry for the sustainability rating of civil engineering projects and to increase the knowledge of CEEQUAL and CEEQUAL Term Contracts. The project consists of two parts; Part 1 investigates the choice of rating system and the administration of the system; Part 2 will be mapping experiences of using CEEQUAL. This report covers part 1. Part 2 will be finished during autumn 2013.

Summary. One step in the pursuit of a harmonization of the rules regulating international sale of goods is the United Nations Convention on Contracts for the International Sale of Goods (CISG), which entered into force on January 1, 1988. As of today, 89 states have ratified the CISG and it is optional law for the majority of all contracts on the international sale of goods. A question highly debated at the adoption of the convention was the relationship between the seller's right to, after the time of delivery, cure a breach of contract and the buyer's right to avoid the contract. The negotiations led to the provision on the seller's right to cure (art. 48) being initiated with "subject to article 49", which stipulates the buyer's right to avoid a contract. This result was a compromise and the issue has continued to be intensively debated after the CISG entered into force. The purpose of the thesis is to, with a focus on the relationship of the seller's right to cure in art. 48 to the buyer's right to avoid a contract in art. 49, examine the possibility of avoidance under CISG. A question of importance is whether the seller's willingness and ability of to cure a breach without unreasonable delay and without causing the buyer unreasonable inconvenience should be considered when deciding whether a breach is fundamental, or whether this should be examined on objective grounds only. The thesis seeks to examine established law, why a traditional legal dogmatic method has been used. The thesis deals with an international topic, why also foreign sources of law have been used. However, neither the preparatory work nor case law of the CISG has been given the same importance as when interpreting national law. The threshold for what constitutes a fundamental breach of contract is generally high, both regarding non-conformity and delay in delivery. It is not enough to agree on a specific delivery date for the right of avoidance to exist if delivery takes place after this date. In terms of right of avoidance due to non-conformity, it has been noted that account is, inter alia, taken of how the obligation to which the breach of contract relates, has been specified in the contract. The parties should therefore clearly stipulate the conditions for avoidance by clearly specifying what is of significant importance to them. Studies of the history of the CISG show that both a proposal to remove the reservation for the right of avoidance and a wording that would entail a greater right...

Summary. The extended collective licenses grant a user the right to, under provisions that are stated in the Swedish Act on Copyright in Literary and Artistic works, enter agreement about exploitation of works with an organization that represent a substantial number of Swedish authors in the field concerned. Thanks to the extended collective license, the user is granted the right to use works protected by copyright, under the terms stated in the contract, even if the authors are non-members of the contracting organization. That includes both Swedish and foreign authors. The purpose of the extended collective license is to enable a user, through agreement with a representative organization, to acquire all the rights that are needed for the user’s activities, while the authors are entitled to reasonable remuneration. The extended collective license was introduced in Swedish law as early as 1960, and has proved useful especially in areas where the user needs access to large amounts of works where it can be difficult or impossible to obtain individual approvals from the authors. The extended collective license is characteristic for the Nordic countries. However, which part the extended collective license will play in the future is not written in stone. The technical development demands solutions that balance both the user’s as well as the author’s interests on an ever changing market. In the meantime, the efforts within EU make the future for the Nordic solution uncertain. In April 2010, the Inquiry on Copyright (Upphovsrättsutredningen) published their interim report, ▇▇▇▇▇▇▇ upphovsrätt, SOU 2010:24, where the investigator proposes a number of changes and extensions to the extended collective licenses. The interim report indicates a will to let the extended collective licenses play a bigger part in the future. The purpose of this essay is to present and analyze the proposed changes in the report, and the referral organization’s comments to the proposed changes. The most important changes are the proposed changed criteria for the representative organization, the proposal that only one organization should be authorized to conclude agreements in the same area of copyright and the introduction of a general extended collective license. The criticism from the referral organizations have been tough at times, especially regarding the proposal that only one organization should be authorized, which basically means the introduction of a legal monopoly. Several of the referral o...

Summary. (1) The EFTA Surveillance Authority (‘the Authority’) wishes to inform the Norwegian authorities that it has concerns that the measures covered by the complaint, and one additional measure, related to streetlight infrastructure in Bergen, might entail state aid, pursuant to Article 61(1) of the EEA Agreement, and has doubts as to the compatibility of the measures with the EEA Agreement. Therefore, the Authority is required to open a formal investigation procedure (1). (2) The Authority has based its decision on the following considerations.

Summary. ‌ The present report contains a description and analysis of the terms and conditions for researchers who receive research support from the Swedish Research Council. The study investigates how the Research Council’s funds are used within an average research project grant and what role the support from the Research Council plays in different areas of science and at different stages of the researchers’ career. The employment conditions of young researchers who are receiving support from the Research Council are also studied. Recently published British studies (Manville, et al., 2015; Economic Insight, 2014) conclude that the ability to recruit, develop and motivate researchers is of significance if a research environment is to develop distinguished research. It is especially important to create opportunities for researchers who are at the beginning of their careers to develop an independent research agenda and to make the higher education sector an attractive place to work, and to recruit internationally. The data used in the study consists of research funding statistics from Statistics Sweden, data from a survey examining the use of research project funding, targeted at higher education institutions’ economics departments (Swedish Research Council, 2015a) and data from Statistics Sweden concerning the employment conditions of the young researchers who applied for funding from the Research Council in 2011 and 2012. In addition, the study analyses data from a survey targeted at researchers who applied for funding from the Research Council in 2014 concerning effects of the council’s support for researchers’ conditions and career development (Swedish Research Council, 2015b). In addition to this, other sources of funding have been investigated for a random sample of young researchers with funding from the Research Council. The terms on which research is conducted vary between the area of science and the researcher’s career stage. Young researchers who are in the process of establishing themselves as independent research leaders are at an uncertain point in their careers. Many are choosing between continuing a research career in the higher education sector and focussing on a career in industry or the public sector. The employment opportunities in higher education for young researchers after the post-doctoral period are often uncertain and there is a great deal of competition over external funding. (Forskarkarriärutredningen, 2016). The present study shows that yo...

Summary. This summary must be read as an introduction to this Base Prospectus. Any decision to invest in any Securities should be based on a consideration of this Base Prospectus as a whole, including any documents incorporated by reference. Following the implementation of the relevant provisions of the Prospectus Directive in each Member State of the European Economic Area no civil liability will attach to any Responsible Persons in any such Member State in respect of this Summary unless it is misleading, inaccurate or inconsistent when read together with the other parts of this Base Prospectus. Where a claim relating to information contained in this Base Prospectus is brought before a court in a Member State of a European Economic Area State, the plaintiff may, under the national legislation of the Member State where the claim is brought, be required to bear the costs of translating this Base Prospectus before the legal proceedings are initiated. Words and expressions defined in "Risk Factors", in the applicable Conditions and in the applicable Final Terms shall have the same meanings in this summary.

Summary. (1) The EFTA Surveillance Authority (‘ESA’) wishes to inform Norway that, having preliminarily assessed the measures covered by complaints relating to Vygruppen AS and its subsidiary, it has doubts as to whether the measures constitute existing aid and, in case the measures were considered new aid, as to whether the measures are compatible with the functioning of the EEA Agreement. ESA has therefore decided to open a formal investigation procedure pursuant to Articles 4(4) and 13 of Part II of Protocol 3 to the Surveillance and Court Agreement (‘Protocol 3’). This decision is based on the following considerations.