Sakrättsliga moment och deras ekonomiska konsekvenser
Sammanfattning: This thesis is a study on the Swedish system concerning perfection of rights in rem, i.e. the requirements which must be fulfilled if a purchaser or pledgee is to become protected against third party’s rights on the seller’s or pledgor’s side.In the first part of the study the perfection requirements are analysed from a legal perspective. The study is based on eight case studies: assignment of goods; assignment of goods to consumers; assignment of real property; assignment of aircraft; security assignment of goods; security assignment of buildings; mortgage of real property; and pledge of patents. One finding is that the main purposes of the perfection requirements are to prevent fraudulent behaviour towards creditors, protect the interests of all creditors and thus promote a trustful business environment, and protect individual parties so that they engage in transactions. Another important conclusion in the first part of the study is that the economic consequences of the perfection requirements are considered when making new laws.The second part of the study is focused on analysing the economic efficiency of the Swedish perfection requirements. The general conclusion is that the current perfection requirements mostly are efficient. However, to achieve greater efficiency some main principles could be applied. To be protected against the creditors of a seller it would be more efficient with a general rule saying that a valid agreement as between the parties is sufficient. To be protected against the creditors of a pledgor it would on the other hand be more efficient with a general rule that the pledgor’s access to the property should be cut off or that the pledge is made known to the public. The conclusions is based on the assumption that protection against the rights of third party purchasers or pledgees only is achieved when the seller’s or pledgor’s access to sell or pledge the property again is cut off by a perfection requirement such as registration or delivery.
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