Återpantsättning enligt svensk rätt: Om pantsättning av pant och panträtt
2004 (Swedish)Doctoral thesis, monograph (Other academic)Alternative title
Repledge under Swedish Law : On Pledging Collateral and Pledgee-rights (English)
The main purpose of this study is to analyse the concept of repledge (or sub-pledge, or, in a narrow sense, rehypothecation) under Swedish law.
A repledge typically occurs when B has received collateral from A under a pledge securing A’s obligations towards B, and B in his turn pledges that collateral (i.e. the pledged object) and/or his own rights as pledgee (“pledgee-rights”) to C as collateral for B’s obligations towards C. A repledge may be undertaken together with a pledge of B’s claim on A, or isolated from that claim. A will remain the owner of the collateral even after a repledge.
The main issues dealt with in this study are the following. 1) What is the object of the repledge – the collateral or B’s pledgee-rights? 2) Under what conditions, if any, may C refuse to release the collateral until he has received payment from either A or B? 3) What are the implications of the rule under Swedish law that B may not repledge on terms that are more severe than those under which A has pledged to B? 4) How is the repledge perfected, i.e. how are C’s (re)pledgee-rights secured against B’s creditors and against others than C to whom B may repledge the same collateral? 5) In which ways does an isolated repledge differ from a repledge that has been undertaken together with a pledge of B’s claim on A?
One significant conclusion is that it is of great importance for C to notify A of the repledge. Such a notification gives C a right to retain the collateral until payment has been received (and directs A’s payment to C, if B does not pay), and may also entail perfection of the repledge. However, many uncertainties still remain and there seems to be a need for clarifying legislation.
Place, publisher, year, edition, pages
2004. , 534 p.
Private law, rehypothecation, repledge, subpledge, remortgage, submortgage, pledge, collateral, right of use
Civilrätt, återpantsättning, frempantsætning, frempantsettelse, rediskontering, vidarepantsättning, återpantsätta, vidarepantsätta, rediskontera, borgenärsskydd, förfogandelegitimation, betalningslegitimation, mottagandelegitimation, säkerhetsöverlåtelse, godtrosförvärv, tredjemanspantsättning, pant, panträtt, sakrätt
Law (excluding Law and Society)
IdentifiersURN: urn:nbn:se:uu:diva-4372OAI: oai:DiVA.org:uu-4372DiVA: diva2:164862
2004-06-09, Grotiussalen, Juridiska institutionen, Trädgårdsgatan 1, Uppsala, 14:15
Millqvist, Göran, Docent
Håstad, Torgny, Justitieråd