Project Manager
Emil ElgebrantProject manager
Stockholm UniversityAmount granted
930 000 SEKYear
2020
It is not unusual for legal systems to consider, for example, simple claims, rights, account-based financial instruments, intellectual property rights, etc. as property even though they lack physical representation. However, the legal techniques used by legislators and practitioners to deal with different types of non-tangible property from a property law and insolvency law perspective differ from one type of property to another, and the legal theoretical explanatory models have been largely illogical and unpedagogical. The significance of this legal uncertainty has increased significantly over the past 20 years, especially as the economic importance of new phenomena, and thus also types of property, continues, and will continue, to increase. A number of different virtual securities, different types of virtual payment systems and more and more complex intellectual property rights linked to these phenomena now constitute significant values for most businesses. The research project, Sakrättslig identitet för annat än saker, concerns a number of different legal issues related to factual identity and proprietary exclusivity that arise when conflicting claims relate to property types without physical representation (other than things). The research project can be described as basic legal research in the field of insolvency law with clear elements of general property law.