Since 1949

Category: Generally

As you make your bed, so you must lie upon it

As you make your bed, so you must lie upon it Judgment of the Court of Appeal for Western Sweden, 18 January 2017, Case no. T 1173-16 Claude D Zacharias (Attorney) 1. Background Pursuing activities or embracing values that are unacceptable according to the prevailing norms of society may result in awkward if not impossible […]

KONTORSGEMENSKAP

Kontorsgemenskap Zacharias Advokatbyrå, Skeppsbron 26 i Stockholm (se ‪www.zacharias.se), erbjuder i första hand advokat kontorsgemenskap i ändamålsenlig kontorslokal i inspirerande Gamla Stan. Vi kan erbjuda ett stort kontorsrum för 1-3 arbetsplatser och i förekommande fall ett mindre kontorsrum för en arbetsplats med tillgång till alla nödvändiga utrymmen, kök, sammanträdesrum m.m., samt kopiator och fiber. Vår […]

Liberal interpretation of limitation provisions

Liberal interpretation of limitation provisions Judgment of the Supreme Court of 3 December 2015 in Case no. T 4983-14 concerning liberal interpretation of limitation provisions Claude D Zacharias Attorney 1. Case-law being developed for total works 1.1 In recent years the Supreme Court has pronounced much needed judgments within the legal field of total works […]

Scope of an arbitration inspection panel’s right to review

Scope of an arbitration inspection panel’s right to review Claude D Zacharias Attorney 1. Articles and court rulings in recent years have described how the law relating to total works has been transformed into part of general civil law (cf., for example, SvJT 2015, p. 258). The Supreme Court is gradually changing and creating new […]

Conclude a partnership agreement

Conclude a partnership agreement Claude D Zacharias (Attorney) 1. Background 1.1 The ruling of the Supreme Court of 20 June 2016 in Case no. T 3593-14 represents a classic example of how important it is to regulate the relationship of part-owners engaged in joint activities, regardless of legal form. The case in question involves two part‑owners of a […]

When foreign law is to be applied by a Swedish court but the content of the foreign law remains unknown

When foreign law is to be applied by a Swedish court but the content of the foreign law remains unknown Johannes Marszalek (Advocate) There are cases where Swedish courts have to apply foreign law in disputes with an international connection. There are also cases where for various reasons the content of foreign law, in so […]

A defect that is not always a defect and when the assessment can vary from one case to another

1. Introduction 1.1 The heading chosen indicates something that may be intrinsically typical for law: there is seldom anything that is black or white. When we were students we joked heartily about “on the one hand this, yet on the other hand that”. 1.2 The judgment of the Supreme Court of 11 May 2016 (case […]

Be cautious about non-competition clauses

Be cautious about non-competition clauses By Claude D Zacharias Translated by James Hurst (Authorised Translator), ELT - English Law Translations 1. Introduction 1.1 The Labour Court recently concluded in its judgment of 11 February 2015, 8/15, Case no. B 102/14[1] that a non-competition clause between an accountant, who had terminated his employment, and a major accounting firm […]

What characterises a business tenancy agreement?

What characterises a business tenancy agreement? Svea Court of Appeal's judgment of 16 December 2014, Case no. T 11761-13 By Claude D Zacharias Translated by James Hurst (Authorized Translator), ELT - English Law Translations 1. Background 1.1 'The Facility Company' pursues healthcare activities at premises in Stockholm. The healthcare is practised by doctors through their own […]

The principle of piercing the corporate veil

The principle of piercing the corporate veil By Claude D Zacharias Translated by James Hurst (Authorised Translator), ELT - English Law Translations The point of departure for the principle of piercing the corporate veil [Sw. ansvarsgenombrott] is that a shareholder normally does not have any personal liability to pay for the obligations of a limited […]