Project Manager
Elgebrant, EmilProject manager
Linköping UniversityAmount granted
885 000 SEKYear
2016
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 explanations have in many cases been illogical and unpedagogical.
The significance of this legal uncertainty has increased significantly over the last 20 years, particularly as the economic importance of new phenomena, and hence types of property, continues and will continue to grow. A variety of virtual securities, different types of virtual payment systems and more and more complex intellectual property rights linked to these phenomena now represent significant value for most businesses.
The project deals with a number of different legal issues related to property rights identity and property rights 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.