The thesis consists in two parts. The purpose of the first part is to analyse how the court may interpret rules, principles and legal cases to decide whether a reconstructor bears liability towards the debtor and the creditors. In the second part it is discussed and argued for how the reconstructor´s damage liability should be drawn up and applied so that it according to economic theories should be as efficient as possible. In the thesis it is shown that it is not a non-contractual liability or a liability based on authority mission. The reconstructor´s liability is instead based on a commission concerning an intellectual service. The court is the mandator of the commission, but the debtor must be regarded as the principal. The reconstructor is liable towards the debtors on contractual grounds, the relationship can be considered as equivalent to contract. The reconstrucotr´s liablity does not fall under the limitation rules in HB 18:9 but falls under the limitation rules in Preskriptionslagen. In the second part, dealing with theories of Law and Economics, it is shown that a negligence rule is the most efficient. The reconstructor´s liability, according to the analysis of Swedish law, would thereby be efficient. A problem lies however in the fact that the parties does not know for sure which liability rule that is in force. This is inefficient while it can lead to that the parties observes a too low activity level, observes a too low level of care or take too many, costly, safety measures. This problem can best be solved through a non-mandatory law which allows the parties to rely entirely on the law or to make a contract where the gaps are being covered by the law.
| Identifer | oai:union.ndltd.org:UPSALLA1/oai:DiVA.org:liu-695 |
| Date | January 2000 |
| Creators | Edström Pihl, Anna |
| Publisher | Linköpings universitet, Ekonomiska institutionen, Ekonomiska institutionen |
| Source Sets | DiVA Archive at Upsalla University |
| Language | Swedish |
| Detected Language | English |
| Type | Student thesis, info:eu-repo/semantics/bachelorThesis, text |
| Format | application/pdf |
| Rights | info:eu-repo/semantics/openAccess |
| Relation | Magisteruppsats från Affärsjuridiska programmet, ; 2000:04 |
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