<p>The subject for this composition is the instute"ansvarsgenombrott"which in english is called"lifting the corporate veil"or"piercing the corporate veil". This institute has given rise to several very controversial questions. The most important questions are: Which principles must be fulfilled if the institute shall come in to question and is there a need for a regulation of the institute in swedish law?</p>

The subject for this composition is the instute"ansvarsgenombrott"which in english is called"lifting the corporate veil"or"piercing the corporate veil". This institute has given rise to several very controversial questions. The most important questions are: Which principles must be fulfilled if the institute shall come in to question and is there a need for a regulation of the institute in swedish law?

LLM / Department of Mercantile Law / Once a company is incorporated it becomes a juristic entity, distinct and separate from its incorporators. Thus, the company bears its own liabilities. However, section 20(9) of the Companies Act 71 of 2008 grants the courts the discretion to disregard the separate legal personality of a company where there is unconscionable abuse of the juristic personality of the company. However, the challenge is that the section fails to define what constitutes ‘‘unconscionable abuse’’. This research thus investigated what constitutes unconscionable abuse of the juristic personality of the company as the ground for piercing the corporate veil. Simply put, this research identified the circumstances under which the corporate veil may be pierced, given the confounding provisions of section 20(9). In unravelling the problems posed by the said section, the researcher employed a combination of doctrinal legal research methodology and comparative research methodology which involve the scrutiny of ‘black letter of the law’ and the laws of other jurisdictions. The result from this extensive inquiry is that the term ‘unconscionable abuse’ is a legislative derivate from the various terms used by the courts at common law to justify the disregarding of the separate legal personality of the corporate entity. Therefore, the inescapable conclusion reached is that just as those terms used at common law are confounding, so shall this legislative innovation. Therefore, in order to resolve this problem each matter should be dealt with based on its peculiar facts.

See the attached abstract below

This essay examines the arguments behind the ban of the headscarf in schools in Skurups county that the Swedish Democrats/Sverigedemokraterna (a party in the Swedish Parliament) submitted. The motion was voted through in Skurups county with help of Moderaterna and the local Skurupspartiet. The ban of the headscarf was towards both children and adults in schools. The methodological approach in this essay is developed by Carol Lee Bacchi and is called “What’s the problem represented to be?”. The starting point of the WPRmethod is the representation of a problem and aims to distinguish how problems are described and the underlying factors and consequences that are included. The material that is being examined is the motion behind the ban of the headscarf and two articles who argue about the ban of the veil. The focus in this essay is to analyze the arguments. The theoretical approach is about how gender and nations are constructed from Yuval-Davis book Gender and Nation and Eduards book Kroppspolitik.

This mini-dissertation is aimed at analysing the requirements the court takes into consideration when deciding to pierce a trust veil in either insolvency or divorce matters. A clear exposition of the legal nature of a trust is provided to determine how a trust affords the extensive protection to trust assets, the very characteristic that makes it as popular as it is today. It is due to this protection of trust assets that a trust has become the object of abuse by founders and trustees, and the court has felt it necessary to introduce a remedy. In Badenhorst v Badenhorst the court stated that the company law doctrine of piercing the veil should be extended to trust law. Some authors criticised this judgement, and arguments pro(for) the extension is included in the conclusion. The research explored the circumstances that warrants the piercing of a trust veil and it was found that the court is likely to pierce a trust veil if the trust form was abused. The study then shifts its focus to the type of abuse the court seeks to remedy. A trust can amount to be the alter ego of a person or a court can deem a trust to be a sham. The research investigates the distinction between the two in depth, and the resultant finding is that only alter ego trusts will be pierced by a court, since a sham trust means that no valid trust has in fact been formed and therefore there is no veil to pierce. Often the courts are confused by the two and the likelyhood of a trust being labelled a sham by South African courts are slim. To find that a trust was abused, the courts will look at the essential requirements of forming a trust to determine the validity. The most important factors that the court considers when deciding to pierce the veil, is the type of control over the trust assets and the intention with which the trust is created or kept. An extensive analysis of the Companies Act and the doctrine of piercing the veil was done to probe their compatability with trust law and to see if the remedy is in fact effective and correctly applied. Case law to support the court‘s view and application of the mentioned doctrine is discussed and evaluated. The study closes with an evaluation of the procedure of piercing the veil and the consequences following such piercing, as well as the arguments for allowing piercing of a trust veil to force trust users to obey the basic trust idea of separation of enjoyment from control. / LLM (Estate Law), North-West University, Potchefstroom Campus, 2015

This mini-dissertation is aimed at analysing the requirements the court takes into consideration when deciding to pierce a trust veil in either insolvency or divorce matters. A clear exposition of the legal nature of a trust is provided to determine how a trust affords the extensive protection to trust assets, the very characteristic that makes it as popular as it is today. It is due to this protection of trust assets that a trust has become the object of abuse by founders and trustees, and the court has felt it necessary to introduce a remedy. In Badenhorst v Badenhorst the court stated that the company law doctrine of piercing the veil should be extended to trust law. Some authors criticised this judgement, and arguments pro(for) the extension is included in the conclusion. The research explored the circumstances that warrants the piercing of a trust veil and it was found that the court is likely to pierce a trust veil if the trust form was abused. The study then shifts its focus to the type of abuse the court seeks to remedy. A trust can amount to be the alter ego of a person or a court can deem a trust to be a sham. The research investigates the distinction between the two in depth, and the resultant finding is that only alter ego trusts will be pierced by a court, since a sham trust means that no valid trust has in fact been formed and therefore there is no veil to pierce. Often the courts are confused by the two and the likelyhood of a trust being labelled a sham by South African courts are slim. To find that a trust was abused, the courts will look at the essential requirements of forming a trust to determine the validity. The most important factors that the court considers when deciding to pierce the veil, is the type of control over the trust assets and the intention with which the trust is created or kept. An extensive analysis of the Companies Act and the doctrine of piercing the veil was done to probe their compatability with trust law and to see if the remedy is in fact effective and correctly applied. Case law to support the court‘s view and application of the mentioned doctrine is discussed and evaluated. The study closes with an evaluation of the procedure of piercing the veil and the consequences following such piercing, as well as the arguments for allowing piercing of a trust veil to force trust users to obey the basic trust idea of separation of enjoyment from control. / LLM (Estate Law), North-West University, Potchefstroom Campus, 2015

This dissertation analyzes the change in the representation of women in Iranian cinema since the 1990s and investigates the motives behind it by looking at the overall history of Iranian cinema and those active in its production. Iranian cinema, both before and after the Islamic Revolution, has been closely watched by the ruling powers and one way or another has been utilized to relay messages that comply with the dominant order. But this has not completely shut down all the efforts of the filmmakers striving to convey a more meaningful message. The Iranian cinema industry has been the arena of an elite intellectual group of people; only following the 1979 Revolution and the “legitimization of cinema” by the Islamic order did it become a widely accessible industry to the general public, who tended to ignore or oppose it prior to the Islamic Revolution. This thesis pays close attention to the changing roles of women in film production and representation. Although aspects of women’s lives become stricter after the Revolution, it is in this period—from the late 1980s into the 1990s—that women for the first time took a prominent role both behind and in front of the camera. This dissertation argues that such shifts are due to “factionalism” within the Islamic Republic, shifts internal to the film industry and the emergence of a group of highly educated film production teams, in addition to the variety of ways in which women were able to exercise more agency in the film industry. One trope around which this shift occurs is that of the “veil” as a technique and metaphor for social practice in representation. Employing feminist film theory tools, a number of representative female-centric films from this period are analyzed, focusing on their cultural, political, and cinematic contexts. Examining the films with respect to the representation of women, the research relies on textual analysis as its basic methodology. Along with the textual analysis, interviews conducted with filmmakers and people active in the industry also help to map the films in the socio-political context in which they were produced.

In 2003 the German constitutional court passed a law that made it possible for federal states in Germany to ban the headscarf for teachers in school which led several of them to do just that. After an indictment of two Muslim women the constitutional court repealed this law and allowed teachers to wear a headscarf in school 2015. This essay takes its starting point in the medial debate that resulted from this court decision. The aim of this study was to examine this debate with a starting point in the general statements and against the background of parts of Casanovas theory of deprivatization and parts of Habermas theories of religion in the public sphere. The first research question asks about central themes in the debate, the used arguments and how they differ between the laws supporter and opponents. The second research question addresses the issue of which role the debaters assign religion in the state. The third question is about how the statements can be better understood by relating them to parts of the theoretical concepts used for this study. This essay investigates these research questions by applying the method of content analysis on eleven debate articles of four major German newspapers. Through the interaction of theories and material the three central themes relation between religion and state, liberalism and freedom of religion could be identified. Some arguments on these themes which were common include the classification of religion as something negative or positive in the public sphere, the denial of religious individuals to meet liberal requirements and the requirement of equality which is guaranteed by freedom of religion. While this study shows that the debaters share some common views on the themes, there are clear differences between the laws supporter and opponents. Furthermore, this study concludes that while the laws supporter assign religion a role in the public sphere, the laws opponents assign religion to the private sphere even if some of them preferably would like to only assign Islam to the private sphere. Through contemplation of the results by using the chosen theories the understanding of them could be increased.

This report modifies and re-envisions Jakob von Uexküll’s Umwelt theory as the “sympathetic umwelt,” in which sympathy is both the external object of desire and the internal means by which individual, subjective worlds are created. Through the application of this new paradigm to George Eliot’s “The Lifted Veil” and Middlemarch, this paper suggests that intersubjective relationships in the fictions she conceives are ephemeral illusions. Her early cognitive experiments and intellectual grappling with the nature of emotional connections culminates in the ambiguously defined concept of sympathy. Eliot’s focus on sympathy is not meant to reveal a solution to failures in human compassion and understanding, but to present it as the central problem – both in her own literature and in reality. / text