Scandinavian Private Law

In: Science

Submitted By akademiker
Words 6295
Pages 26
Introduction Compendium to Scandinavian Private Law
Martin Lilja, LLM, University of Salzburg Doctoral student and project assistant in the research groups, ‘Study Group on a European Civil Code’ and ‘Argumentation Analysis in the Field of the Transfer of Movables’

Foreword The purpose of this small compendium is to provide a basic understanding of some special features of Scandinavian1 private Law, in particular in the field of the transfer of movable property. It serves as a preparation to the lesson and should, therefore, preferably, be read beforehand. Since some of the Scandinavian features are completely unknown (and perhaps also considered strange) for an European lawyer, the aim is to discuss these chosen topics in a very simple manner.

Suggested (introductory) literature for additional reading (if someone wants to learn more about it): Two articles from the volume Faber/Lurger, (eds.), Rules on the Transfer of Movables – A Candidate for European Harmonisation or National Reforms? (Sellier European Law Publishers 2008):

• Martinson, C.: How Swedish Lawyers Think about “ownership” and “Transfer of Ownership” – Are we just peculiar or actually ahead? (pp 69-95) • Faber, W.: Skepticism about the Functional Approach from a Unitary Perspective (pp 97-122)

The following article discusses the Scandinavian functional approach in contrast to a “unitary” approach, more from a philosophical angle. I can highly recommend reading it!

“Scandinavia” includes Finland, in this compendium.

Martin Lilja, 2009

• Ross, A., Tû-Tû, Harvard Law Review, Vol. 70, No 5 (1957), pp 812-825

These reports are set to be published in the beginning of January: • Lilja, M., National Reports on the Transfer of Movables in Sweden, in Faber/Lurger (eds.), National Reports on the Transfer of Movables in Europe – Volume V (Sellier European Law Publishers) •…...

Similar Documents

Private Equity

... Venture Capital and Private Equity Contracting This page intentionally left blank Venture Capital and Private Equity Contracting An International Perspective Douglas J. Cumming Associate Professor and Ontario Research Chair, York University – Schulich School of Business, Toronto, Ontario, Canada Sofia A. Johan Senior Research Fellow, Tilburg Law and Economic Centre (TILEC), Tilburg, The Netherlands AMSTERDAM • BOSTON • HEIDELBERG • LONDON • NEW YORK • OXFORD PARIS • SAN DIEGO • SAN FRANCISCO • SINGAPORE • SYDNEY • TOKYO Academic Press is an imprint of Elsevier Academic Press is an imprint of Elsevier. 30 Corporate Drive, Suite 400, Burlington, MA 01803, USA 525 B Street, Suite 1900, San Diego, California 92101-4495, USA 84 Theobald’s Road, London WC1X 8RR, UK Copyright © 2009, Elsevier Inc. All rights reserved. No part of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopy, recording, or any information storage and retrieval system, without permission in writing from the publisher. Permissions may be sought directly from Elsevier's Science & Technology Rights Department in Oxford, UK: phone: ( 44) 1865 843830, fax: ( 44) 1865 853333, E-mail: You may also complete your request online via the Elsevier homepage (, by selecting “Support & Contact” then “Copyright and Permission” and then “Obtaining Permissions.” Library of Congress......

Words: 236635 - Pages: 947

Private Labels

...Why are private label products successful? Private labels are successful because consumers, especially in todays economy are always searching for the best way to stretch their dollar and private labels fit into these types of budgets. Next, retailers understand that families are on a tighter budget and welcome private labels with open arms due to the fact that these products will attract more consumers to their store (Hauptman, 2009). What are the key success factors for private label products? The key factors pertaining to success of private labels was quite simple. For example, products must function similar to a branded product. Next, in order for a private label to succeed performance is the only way to survive and thrive in a cutthroat industry because, for private labels there is no advertising or marketing, the product must do the talking. Therefore, the majority of the leading private labelers today will take a proactive role in the production specifications of the product and will no longer place their logo on whatever comes off the conveyor belt. Therefore, attention to details has played big dividends and has helped expand the consumer base throughout several economic classes. Finally, as private labels continue to improve, the lower income shoppers can be assured that they will receive an appropriate value for their money ratio. So just like a name brand item, once a relationship has been formed, the shopper will continue to purchase it as long as it......

Words: 617 - Pages: 3


...Insurance Corporation Of India Economics Essay With the advent of new players in the field of Life insurance sector, the degree of competition has increased multifold. The private insurance companies are launching new innovative insurance plans for their survival and growth. At the same time, Life Insurance Corporation of India has upgraded their quality of service to retain, maintain and attract new business. An attempt has been made to study the impact of privatization on LIC. The Development Officers were contacted to know their observations about the impact of privatization on their life insurance business and their views as how their life insurance business has been influenced by the opening of the sector. LIC has made a lot of changes in its operation and latest technology is being used to serve the customer. The customer grievances are properly attended and all maturity claims are settled to the entire satisfaction of the policyholders. The privatization of the sector has brought lot of opportunities for all the players. Under such situation, fittest of the fit will survive and the rest will vanish over a period of time. In the year 2000, when the insurance sector was privatized, many companies entered into the insurance sector and as a result competition has increased multifold. Initially, most of the private life insurance companies spent huge amount of money on advertisement. The purpose of the advertisement was to inform the public about their existence and the......

Words: 314 - Pages: 2

Law Private Property

...1: The concept of legal personality could be defined as a person with lawful characteristics and qualities of a natural person. Being a natural person was not always enough to be considered as a ‘legal person’. However, women and slaves had to deal with difficulties with the law considering societies back then had a different view of them being recognized by the law as having legal rights, protections, privileges, responsibilities and liabilities under the law. the term and common law idea of "legal person" is to be visible and have a legal standing which, in other means, to be able to attract legal rights and assume legal obligations. If, however, a person was not considered to be recognized by the law, the human being will then be considered as a species of property that can only be bought and sold,(Davies and Naffine at casebook, 26). In that period of time, the subjugated Africans that were brought to America or Europe did not reach a ‘legal status’, hence were not considered as legal persons. As a result of not being granted legal status, they were treated as property to be bought and sold; they did not have control or ‘protection’ of their own lives. This lack of legal status affected their lives over the years; they were “bought and sold, treated as an ordinary merchandise and traffic, whenever a profit could be made by it. This opinion was at that time fixed universal in the civilized portion of the white race.” (Brettle Dawson, 2101T S1_Introduction, Carleton......

Words: 1573 - Pages: 7

Economic Success in Scandinavian Countries

...Road to Economic Success for Scandinavian Countries From prehistoric times we have come to know man’s primary instinct is survival. Basic ingredients necessary for survival are mainly food, clean water and shelter. Man has forever sought out these resources to fulfill his basic needs. It is the nature of the earth that it is unevenly distributed and yet equally blessed. If there is a barren land that lacks vegetation then it has been blessed with black gold; oil and coal. If a land is laden with vegetation then it may lack in something else. It is the uneven distribution of nature’s resources and man’s sequential discovery of them that has led to migration from the beginning of time. It is also one of the causes of the dilemma of “developed nations” versus “developing nations”. This leads us to the main point. Scandinavian countries were once abandoned by their local inhabitants in favor of other countries that were perceived to have better resources, namely the United States. This was mainly because agriculture was the main source of sustenance for people at that point in history and fertile land for agricultural activities was quite scarce in Scandinavian countries at that particular time. As time moved on though, technology improved so the ability to discover and exploit the unique natural resources available to a country improved, hence Scandinavian countries began to flourish economically. The point to be proven is that discovery and efficient exploitation of a......

Words: 1631 - Pages: 7

Public Law and Private Law

...‘The conventional division of private and public law is to some extent a false dichotomy’. Discuss. The aim of this essay is to discuss the conventional division of private and public law is to some extent a false dichotomy. In order to achieve this aim it is necessary to inform that the writer, will examine the Children Act 1989 (CA 1989), giving examples of case law. This will include a brief background of implementation of private and public law into the Act. The next section will identify the similarities and differences in private and public law cases by comparing and contrasting case law. The current regulatory legal framework for contact issues in the public and private law context will be discussed by evaluating how the children’s views are considered. Further in the section the children’s representation in the public and private law arena will be touched on considering the United Nations Convention on Rights of the Child 1990 (UNCRC 1990), implications of the Human Rights Act 1998 (HRA 1998), and the incorporation of the of the European Convention on Human Rights (ECHR) bearing in mind that the Children Act was outlined with a consideration to the convention. Throughout the chapters I will refer to relevant case law, statute, drawing attention to how both private and public law cases can have elements of both private and public law and amalgamation of some cases. There will be a brief discussion to address the different treatment of parties mainly kinship...

Words: 5691 - Pages: 23

Private Security Law

...Private Security Laws Joseph Hawley SEC/350 February 4, 2013 Ralph Martinez Private Security Laws The State of California requires that any person or company that provides private security, loss prevention, executive protection, private investigations or security officer training services must be licensed by the State. These licensing requirements are among the most stringent in the nation with significant penalties for anyone found to be in violation. Any person or company providing security, protective or loss prevention services must be licensed by the State. This license is called a Private Patrol Operator license or “PPO”. PPO licenses are issued by the California State Department of Consumer Affairs, Bureau of Security and Investigative Services. Anyone providing these services whether in uniform or plainclothes as an independent contractor (not your employee) is required to possess a valid PPO issued by the State. All employees whose job duties include a security, protective or loss prevention function, whether in uniform or plainclothes, whether they are an employee of your security vendor (PPO) or your own employee (Proprietary), must undergo a State required background check and submit fingerprints to State and Federal authorities from California Department of Justice and FBI. Additionally, employees of a PPO must also undergo State mandated training requirements. Once these conditions are satisfactorily completed the employee will receive a registration......

Words: 935 - Pages: 4

Private Law Firm – Pearson Specter

...PRIVATE LAW FIRM – PEARSON SPECTER Pearson Specter is a fictitious law firm in New York City (Picked from Suites-TV series). REASON: After watching the TV series ‘Suits’, we felt that we could relate to the organizational designs. Also, practically, we are currently studying the main topics such as culture, ethics, motivation, impact of organization hierarchy, leadership. We can clearly see the human emotions and the internal hierarchy in the series. These emotions and practical demonstrations of work culture and ethics will help us learn better about the building blocks of a successfully running organization. We can analyze the facts and we already have some suggestions for the operation of the firm. Hence, we think this would be a very good topic for discussion on organizational design and implementation (orientation). LEARNING FROM THE PROJECT: ORGANIZATION STRUCTURE Key Persons: * Managing Partner : Jessica Pearson , Harvey Specter * Senior Partner : Louis Litt * Partner : Paul Porter, Watson * Associates : Mike Ross and other associates * Paralegals: Rachel Zane etc. * Assistants: Donna Paulsen, Norma etc. Observations: * There are less layers in the organization. * Hence, more transparency and more interaction. * There need to be more departments for very specific tasks or mundane tasks which can prevent mismanagement. Need to work on this analysis and suggest some improvements. CULTURE Analysis Points: *...

Words: 1512 - Pages: 7

Case 3.1 a Scandinavian Scare

...CASE 3.1 A SCANDINAVIAN SCARE Discussion Questions 1. Why did Conquip send an RFQ with a 10 percent price-reduction requirement rather than calling de Winter in for negotiation? Is there any downside to having run the negotiation this way? Conquip was trying to give a time pressure to FD. This can be seen when Conquip sent the RFP (Request for Quote) to FD regarding the product, LEIF filter, which still not even widely adopted by Conquip. This particular pressure functions as an external constraint to FD. Conceptually, the constraint removes what could be the most attractive of options for FD to continue to negotiate in an effort to improve the terms of the agreement. Lacking this option leads FD to face with a twofold choice which they can either agree or refuse the agreement requested by Conquip. This could appear like a great strategy until Conquip realise that there's no difference between that and FD might also putting on time pressure to them. There could be a situation in which both sides are approaching the same time deadline. And in this particular case, the one that has the greatest power is the one with more alternatives who could use time pressure, but the side with fewer alternatives has the least power should avoid time pressure and negotiate well before the deadline. 2. At the first negotiation meeting, Conquip made a threat disguised within an offer. The offer was to retain FD as a companywide, primary supplier if FD could meet its price demands. ...

Words: 840 - Pages: 4

Private Security

...Briefly describe the private security industry in the U.S. Private security is an extremely important part of law enforcement today. Although the size of private securities is unknown, there are an estimated 90,000 private security organizations in the US. These organizations employ more than estimated 2 million people. Elizabeth Joh estimates that this amounts to be 3 private officers for every one public officer. Private securities include private detectives and investigators, security guards, patrol services, and loss prevention specialists. Private firms are responsible for public and private security from everything from housing communities to power plants and airports. They now play a major role in traffic regulations with installation of cameras that detect red-light running and speeding. They free up public officers to focus on other areas of law enforcement. But there are some concerns with private securities. Requirements for employment are minimal. The training qualifications are minimal and the ongoing training is nonexistent. Also, there are very few laws that guide private police conduct. There also seems to be a disconnect between private and public officers. Private police feel that public officers do not respect them. Private security effect on law enforcement cannot be understated. The 9/11 Commission notes that 85 % of the nations critical infrastructures are protected by private securities. Private securities are important and a......

Words: 263 - Pages: 2

Public vs Private Law

...Public laws are any laws conducted by the state and federal laws. These laws are conducted by a branch called legislative. Private laws are a set of rules agreed upon by two parties. Public law and private laws are two totally different things. Private laws can become public laws if a contract or agreement is breached. Public laws have to be followed by everyone within in the state. There are severe consequences if the laws aren’t followed. An example of public laws includes criminal laws such as murder. Private laws would be signing a contract for a cell phone and you just completely stop paying the bill. This would be a breach of contract and you can get sued. By being sued it becomes a public law. Public laws and private laws are different by are related. In August 2002, the Department of Health and Human Services (HHS) issued a rule giving patients certain rights to control their own personal health information. The rule also describes what health workers need to do to protect the privacy of their patients’ health information. The rule, known as the Privacy Rule, is part of the Health Insurance Portability and Accountability Act (HIPAA) of 1996. The Privacy Rule protects patient health information by placing limits on how patient information can be used or disclosed (shared with others). The rule applies to any health care workers who send patient health information to others electronically. (Thomas P. Christensen). The only time its ok for a health information......

Words: 323 - Pages: 2

Private and Civil Law

...Procedural law are rules concerning just how substantive laws are to be administered, enforced, changed, and used by players in the legal system. Such as filing charges selecting a jury or drawing up a will.
Public law is concerned with the structure of government , the duties and powers of officials and the relationship between the individual and the state. It included such subjects as constitutional law and administrative law regulation of public utilities criminal law and procedure. Private law is concerned with both substantive and procedural rules governing relationships between individuals, examples like contracts property wills marriage divorce or adoption. Civil law like private law consists of a body of rules procedures intended to govern the conduct of individuals in their relationships with others. Torts are private wrongs which the injured individual may seek redress in the courts for the harm he or she experienced. Violations of civil statutes. Criminal law is concerned with the definition of crime and the prosecution and penal treatment of offenders. A crime is a public law, as opposed to an individual or private wrong. Law in Canada may be further divided into the following branches: constitutional law, case law, statutory law, administrative law, and royal prerogative. Constitutional law is a branch of public law. it determines the political organization of the state and it powers while also setting certain substantive and procedural limitations on......

Words: 488 - Pages: 2

Cyber Law - Pooja Insists That Since Is Using the Articles for Private Use, She Is Not Liable for Any Infringement. Is She Right Discuss

...WE PROVIDE CASE STUDY ANSWERS, ASSIGNMENT SOLUTIONS, PROJECT REPORTS AND THESIS ARAVIND - 09901366442 – 09902787224 CYBER LAW 1. Neha, a desktop publishing professional has made several authentic looking certificates Of major indian and foreign universities and has sold these counterfeit for large sums of money to at least 3 people in india. Neha had sent these certificates as email attachments to prospective customers. Select the most appropriate answer keeping the said facts in mind: a. neha would be punished for forgery for forging a document under the information technology act,2000 b. neha would be punished for forgery for forging a document under the indian the penal code,1860 c. neha would be punished for forgery for forging an electronic record under the indian penal code,1860 d. neha would be punished for forgery for forging an electronic record under the information Act,2000 2.With regard to jurisprudence relating to pornography, tick the most appropriate answer: a. most jurisdictions punish dissemination of pornography, in some manner b. all jurisdictions punish dissemination of Publishing of child pornography, c. in some jurisdictions dissemination and possession of actual child pornography as well as dissemination of simulated computer animated images depicting child pornography is penalized. d. some jurisdictions punish dissemination as well as possession of child pornography 3.......

Words: 1194 - Pages: 5

Private Security Laws

...Private Security Laws Name SEC 350 Date Instructor The laws in governing legal authority and licensing requirements fro private security companies and officers vary from state to state. When looking at private security at the international level in those as an example working with Department of Defense or Department of State and many other government agencies, private security must adhere to federal mandates in regards to training, continued training which could be testing to ensure that employees are meeting the standards based on the contract, and the assurance that employees are abiding by company and federal guidelines. However, the focus of this paper is exploring the legal authority and licensing requirements for the private security in the state of Virginia. Overview of the Department of Criminal Justice Services for the State of Virginia The commonwealth of Virginia created the department of criminal justice services for the purpose of providing guidelines for the private sector in regards to state mandates based on the type of security whether it be unarmed, armed, executive protection, K-9 units, and many more security assets not listed. The department of criminal justice services also provides a guideline for law enforcement in identifying what the private sector can legally act upon as well as how they can be utilized for assisting law enforcement officers as a whole. Training and Standards “The purpose of Department of Criminal...

Words: 858 - Pages: 4

Scandinavian Model

...and Social Sciences Scandinavian model: advantages and contradictions of a welfare state Anna Olkova 3rd year student 2011 Table of contents Introduction 3 Chapter 1. The role of Scandinavian model in economic theory and practice. 5 1.1. Scandinavian model in civilizational context: incarnation of integralism. 5 1.2. Scandinavia in European economy: comparative analysis 10 1.3. Cultural preconditions for the Scandinavian model formation. 13 Chapter 2. Model performance and competitiveness: distinctive features 16 2.1. The role of public sector in Scandinavian economies 16 2.2. Peculiarities of labour market in Scandinavia 21 2.3. Human capital and innovations: learning economy 26 Chapter 3. Scandinavian model: challenges and threats 33 3.1. Demographic challenge: ageing of population versus public finance 33 3.2. Paradoxes of economic growth in welfare states 36 3.3. The problem of labour disincentives and decommodification. 38 Conclusion 41 Bibliography 43 Introduction In the light of a current trend of moving towards socialization in economy, Scandinavian experience stands out, being probably a unique example of building a highly-socialized and at the same time viable economy. The image of Scandinavian countries appears to be controversial in modern economic observations. On the one hand, obviously, the Scandinavians’ performance is......

Words: 11148 - Pages: 45