Fullmakten och dess uppkomst: Särskilt om huvudmannens viljeförklaring och tredje mans befogade tillit
2023 (Swedish)Doctoral thesis, monograph (Other academic)
Abstract [en]
In Sweden, opinions have long been divided on the meaning of the agency concept of authority and its basis. Due to a number of judgments from the Swedish Supreme Court, the discussion has been given renewed relevance. The dissertation investigates the question of the origin of authority. By using a legal dogmatic method, relevant sources are identified and analyzed in order to determine the content of current law.
The dissertation first describes the development of authority in Swedish law and the purpose and function of authority rules. For there to be an act of authorization, it is required that the person who performs a legal act does so in the name of another. However, the exact meaning of acting in the name of another has proved to be far from obvious. The concept is central to the act of authorization, which is why it is also defined within the framework of this dissertation.
The concept of declaration of intent, which plays a central role in the creation of authority, is also discussed. This is because there are divided opinions as to whether there are any subjective requirements on the principal or recipient for a declaration of intent to be considered to exist.
Finally, the grounds for authority that have been identified in the dissertation are presented by analyzing the potential grounds identified within the framework of the dissertation.
Place, publisher, year, edition, pages
Örebro: Örebro universitet , 2023. , p. 310
Series
Örebro Studies in Law ; 20
Keywords [en]
The Act of Authorization, Concept of Declaration of Intent, Development of authority, legal act, The Grounds for the Creation of an Authorisation
National Category
Law (excluding Law and Society)
Identifiers
URN: urn:nbn:se:oru:diva-105784ISBN: 9789175295060 (print)ISBN: 9789175295077 (electronic)OAI: oai:DiVA.org:oru-105784DiVA, id: diva2:1754233
Public defence
2023-06-16, Örebro universitet, Långhuset, Hörsal L2, Fakultetsgatan 1, Örebro, 13:15 (Swedish)
Opponent
Supervisors
2023-05-032023-05-032023-06-02Bibliographically approved