Ogiltighetsgrunder vid olovliga värdeöverföringar - Närmare om gällande rätt vid kompetensöverskridande associerat med olovliga värdeöverföringar

Sammanfattning: Abstract The aim of this thesis is to analyse two particular situations of ineffectiveness of contract and if these can be simultaneously applicable. The first situation pertains to when the board or the CEO (Chief Executive Officer) of a corporation goes beyond its authority in performing a value transfer. The second situation pertains to unlawful value transfer as defined in Sturetvättsfallet. These two situations each have a ground of invalidity. The question arises how a court will judge according to the law if both of these situations become a legal basis. These two grounds for ineffectiveness of contract have been discussed and dealt with in Swedish case law, especially in the well known ”Sturetvättsfallet” (NJA 1999 s. 426). During this case the Swedish Supreme Court confirmed that the Swedish law regarding illegal value transfer is a priority and always applies even if the board or the CEO goes beyond the authority of the corporation. In fact this particular case ruling also dealt with the problems related to who is allowed to receive a value transfer. The case law in this field is based on the older Swedish law from 1975 and this thesis will discuss differences in the older and the current Swedish law. Keywords: Illegal value transfers 17:6. Competence violation 8:42 ABL. Sturetvättsfallet, NJA1999 s.426. Comparative study.