Tillbehör och accession
2012 (Swedish)Doctoral thesis, monograph (Other academic)
This dissertation proposes methods of determination of ownership in articles of wealth and their component parts. The overall question relates to how Swedish law solves conflicts between colliding claims to parts of something that can be regarded as merely one object.
Whether or not a certain segment of the material world is to be regarded as one or several objects is interesting in several legal situations. The question is important for interconnected objects that belong to different owners, as well as for dispositions with regards to composite objects, whose parts can be objects of different claims. Contracting parties can to a large degree define objects for transactions with inter partes effect. When the determination affects a third party, e.g. creditors or competing singular successors, the same freedom cannot prevail.
There are statutory accessory rules (e.g. fixture rules) for certain objects, namely properties, ships and aircraft. Relevant issues are also dealt with through general non-statutory rules on ownership acquisitions through interconnection (the accession doctrine). In addition, case law and legal literature shows that we can also count on general accessory regulations for items that are not regulated by statutory accessory rules, i.e. chattel in general and buildings on land owned by others.
The overall aim of the study is to reconstruct the general accession doctrine and the doctrine of components, fixtures, and accessories (regarding property rights in a complex object as a whole or in its component parts). The legal source material with regards to accession, fixtures, and accessories, is read against a backdrop of legal-economic theory. This reading suggests that relevant questions should in a broader way be related to transaction costs, information costs, and efficiency losses due to less than optimal resource allocations. The results can be interpreted as legally dogmatic, but the study can also be regarded as an investigation which, in principle, concentrates on the modern conditions for property law.
The dissertation consists of five parts. The first section includes an introduction and an overview of the standard structure of the studied problem area. The second section presents a legal-economic analysis model for questions regarding interconnections, accessories and property rights in complex objects. The third section offers a reconstruction of the accession doctrine and the fourth section offers a reconstruction of the doctrine of fixtures and accessories. In the fifth section the study is summarised. In addition, overall comments with regards to the investigation and some suggestions are given for improving the standard contents of the problem complex.
Place, publisher, year, edition, pages
Uppsala: Iustus förlag, 2012. , 452 p.
Skrifter från Juridiska fakulteten i Uppsala, ISSN 0282-2040 ; 120
Research subject Civil Law
IdentifiersURN: urn:nbn:se:uu:diva-168705ISBN: 978-91-7678-806-6OAI: oai:DiVA.org:uu-168705DiVA: diva2:503294
2012-03-09, Universitetshuset, sal IX, Uppsala, 10:15 (Swedish)
Martinson, Claes, Docent
Möller, Mikael, ProfessorZackariasson, Laila, Professor