Kontraktsbrott vid köp av aktie : särskilt om fel

Sammanfattning: The Swedish Sale of Goods Act is formally applicable to sale of shares. The Act is however not specifically adjusted to this particular type of sale, since it is mainly focused on sale of physical objects rather than intangibles. There has been a discussion whether the seller’s liabilities should be less when the sale concerns shares (at least when it is only a part of the shares in a company) than when the sale concerns physical objects. In this dissertation is analyzed if the Swedish Sale of Goods Act is actually applicable to sale of shares and, if so, how the particular rules of the Act should be applied. The dissertation explains the different liability for sale of all and only a minor part of the shares in a company. Furthermore, the differences between sale in an open market on a stock exchange and private sales are analyzed. In particular, problems concerning the seller’s responsability for the information he gives to the buyer and information which the buyer receives from the company whose shares are being sold, the seller’s liability for nondisclosure, the buyer’s examination before and after the sale and the buyer’s liability for nondisclosure are being considered.