En effektivare lagstiftning: nationell och internationell insolvensrätt : En analys de lege lata och de lege ferenda

Sammanfattning: Sweden's insolvency laws has been criticized both by lawyers operating within the nation and by the EU. The insolvency laws in the nation are underdeveloped and has not kept up with the globalization that is currently happening in the world. Because of the Bankruptcy law’s construction many of the debtors commit the crimes that are listed in chapter 11 BrB against their creditors to avoid filing for bankruptcy. The reasons for this may be that during bankruptcy or a reorganization within the business the debtors lose their influence over the company and have to rely on a trustee whom have the legal right to liquidate the business which is often the outcome of a bankruptcy or reorganization. This essay will present de lege lata and de lege ferenda with the help of current swedish law, how this affects the debtors in regards of committing crimes against their creditors and a comparison between international and swedish laws where the international laws shows a much more positive approach regarding bankruptcy with their ideas of fresh starts. The EU has introduced a directive that will enforce new insolvency laws in june 2019, the directives purpose is to harmonize the states insolvency laws in order to promote establishment over national borders which match their goals to encourage international affairs. The directive has taken the debtors side in favour of the creditors, which may help the competitive market and the state whom will collect taxes and other social fees. This approach may harm the creditors own businesses and cause them to have to file for bankruptcy due to unpaid debts. Regardless of where one stands on the issue of who should have the most protection during a bankruptcy there is an obvious need for a more globalized insolvency law to further the economical climate in the world today.