Faculty of Law

Property and Insolvency Law

The research in property law and insolvency law is conducted on a wide front. It emphasises partly on analysis and development of general principles, partly on issues concerning the application of the law that are hard to assess, and the development of new rules in interaction with international development.

A large part of the research has an immediate practical importance by way of clarifying the law to facilitate its application for courts, authorities and private actors. In addition, the research is often focused on identifying areas that need better or new legislation and to draw up new guidelines for reformed rules.

Rather often, the Supreme Court (Högsta domstolen) is caused to bring up and form a precedent on issues of high importance, drafted by the researchers.

The researchers also endeavour to get new legislation projects going, and have participated in different roles in a number of state investigations in the field during the last 25 years. These have concerned, for example, consignment agency, acquisitions in good faith, financial leasing, priority of claims, treatment of contracts in insolvency proceedings, reorganisation of banks in crises, and coordinated insolvency proceedings.

The foundation Forum on Insolvency Law (Stiftelsen Insolvensrättsligt forum), which is connected to the faculty, plays an important part in the development of insolvency law. The foundation supports insolvency law debate and research. It regularly arranges the large conference Forum on Insolvency Law with and for insolvency interested parties from all areas.

The Forum is documented in a book and brings forward new and current subjects for debate in front of a wide audience. Examples of subjects are: intellectual property law in bankruptcy, abandonment of property in bankruptcy, environmental liability in bankruptcy, the EU insolvency regulation, and the treatment of equity holders in reorganisation proceedings.

Current research

The research during the last years in insolvency law has to a large extent been connected to the main subjects at the Forum on Insolvency Law and the larger legislation projects. The focus has mainly been on issues on reorganisation, composition and the legal infrastructure of insolvency law.

In a doctoral thesis, Jenny Söderlund has in addition recreated bankruptcy law from the thesis about bankruptcy as a winding up proceeding concerning the bankruptcy estate as an corporate entity with the creditors as members.

In property law, one of the main themes is limits and conditions for rights of separation. It includes studies of a third party´s rights in consignment agency, direct demands, fixtures of property, co-ownership, financial leasing, and the principles of tradition and specificity.


Contact

Mikael Möller
Laila Zackariasson


Network

Stiftelsen Insolvensrättsligt Forum
Nordiska insolvensnätverket
Stockholm Centre for Commercial Law
Ministry of Justice
Rekonstruktör och Konkursförvaltarkollegiet
Ackordscentralen
Swedish Bankers' Association
The Association of Swedish Finance Houses
The Swedish Tax Agency

Researchers

Research Projects