Värderingsrätt : särskilt om ersättning och värdering vid expropriation

Detta är en avhandling från Institutionen för fastigheter och byggande

Författare: Richard Hager; Kth.; [1998]

Nyckelord: ;

Sammanfattning: This thesis deals with legal valuation and related issues.There are a host of different situationsin different areas ofthe law where the court has to determine compensation. Abringing together of these different situations can be said toconstitute a subject in its own right, one which might betermed "valuation law".The argument of this thesis is based on a broad perspectiveof this kind, the purpose being, accordingly, to investigatethe subject of "valuation law". That subject can be said to beof an interdisciplinary character, as is indicated by one ofits components, namely the field of purely economic valuation.The fact of valuation law including an interdisciplinaryelement means that special questions arise for investigation,e.g. due to the relation of the legal side of things to theeconomic side.The thesis shows that the general principles of the law oftorts have impacted heavily on most fields, at least in caseswhere the specific legislation concerned has not deliberatelyprescribed deviation from these principles. It has also beenshown that the law of torts constitutes a foundation for thewider perspective of valuation law with reference to acompensation situation. The rules of the tort law offer here abasic set of the tools which are needed in order to arrive atthe final compensation.One special valuation situation particularly addressed isthat occurring as the result of an expropriation, and in somerespects the inquiry has been delimited and focusedaccordingly. It has been shown that the economic valuationfield is an important building brick for the legal side ofthings. The special valuation methods which have been developedin the economic field can be used, even if they must ofnecessity be supplemented or altered. The fact of the legalrules of valuation serving purposes other than those of apurely economic nature has proved to imply that the two areascan never really be equated. Special legal aspects such asgeneralconsiderations of the rule of law and considerations ofequity mean that legal valuation must always include otherconsiderations than those involved in purely economicvaluation.

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