Rådgivningsansvar – särskilt avseende finansiell rådgivning och investeringsrådgivning

Sammanfattning: The liability incurred with respect to advisory services, particularly with respect to financial and investment advice, is the subject of this thesis. A number of factors that have influenced developments within the societal and regulatory environments in which advisory services are provided, primarily with respect to financial advice, are examined. The legal regulation of financial markets is extensive as is also self-regulation. Despite the extensive legislation, no universal definition of advisory services has been established. The thesis examines how advisory services relate to information, marketing and sales, as well as how they are defined in penal, public and private law. Professional liability, as well a contractual and tort liability, are also explored with respect to advisory services.The regulations in the financial market have the purpose of strengthening investor protection. Information obligations are often used in order to ensure that investors become sufficiently aware as to the products and services that the investor purchases and accompanying risks. Many investors, however, have difficulties processing financial information. In addition, investors act irrationally.The criticism of the regulations today is that they, in too great an extent, are based on that investors act rationally, when there is very much research that indicates the contrary. Another criticism is that the legislation on financial advice lack clarity in several aspects and that this deficiency is not cured by the preparatory works, for example on the important question on the boundary between advisory services and selling. The legislation would considerably benefit from definitions of advisory services being put into concrete form, in order to therewith facilitate understanding for both investors and advisers as well as supervisory governmental agencies. The situation today is unsatisfactory, not in the least with respect to the requirements of foreseeability and legal certainty.