Förbehållsklausuler : en studie om en säkerhetsrätts nuvarande och framtida ställning
Sammanfattning: In a national or an international transaction, a promise to pay is seldom sufficient. Usually the creditor would like to secure his claim by means of a security interest in order to minimise the risks arising from the contract under the credit terms. One way of securing his claim is by using a retention of title clause. The purpose of this study is to describe the past, present and future position of retention of title clauses particular to Swedish law. The study also aims to elucidate the position of retention of title clauses from the comparative point of view, even though the main emphasis has been placed on Swedish law. Thirdly, special attention is given to the developments taking place in commercial life and the financial market during the last decade. Fourthly, the study makes a detailed examination of various problems, especially connected with retention of title transactions.The study is divided into three parts. Besides the introductory chapter on the scope and limitations of the study, Part 1(chapters 2-6) discuss in general terms the position of retention of title clauses in Swedish law. In these chapters the security interest is examined from the historical point of view. Secondly, the ways in which the security interest has developed in different Swedish legislation products are examined. The different statutory sections concerning sale of goods, credit sale, purchase of real estate, ships and aircrafts, etc., which regulate retention of title clauses are discussed. Part 2 (chapters 7-10) of the study deal with the essential requirements and limitations concerning the validity of retention of title clauses. Part 3 (chapters 11-12) of the study discusses finally the security interest from the international point of view as regards the future.The study concludes with an assessment of the advantages and disadvantages of the existing rules regarding retention of title clauses in the Swedish legal system. The result shows the need for a new legal regime concerning retention of title clauses and other types of non-possessory security interests as well. The best solution to the comparatively large number of unclear issues regarding retention of title clauses and other types of security interests would be the introduction of a comprehensive act. Hence, suggestions for the modernisation of the present Swedish legal system is offered.
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