Traditionsprincipens betydelse i svensk rätt

The doctrine of traditio is the main rule for the buyer’s protection against the sellers’s creditors in the Swedish legal system. This means that the buyer have to take physical possession of the property in order to be protected against the sellers’s creditors if the seller becomes bankruptcy or is hit by an execution. If instead the doctrine of consensus applied the buyer is protected as soon as a valid contract is formed. The choice of doctrine has a great significance concerning the transfer of property and which property that belongs in a bankruptcy. The advantages and disadvantages of the doctrine of traditio and the motives for the existence of the doctrine of tradition has for along time been discussed among experts. There are still remains in the Swedish legal system of the doctrine of consensus. A change in the regulations concerning consumers rights has made the doctrine of consensus applicable at consumers purchases. A lot have changed, both in businesses and in the legal system, since the doctrine of tradition was introduced in the 1800s. The purpose of this thesis is to investigate the background to the doctrine of traditio and its appliance in the Swedish legal system. Furthermore I investigate, in the perspective of the arguments that was heard when the demand of physical possession disappeared at consumers purchases, if the doctrine of tradition still is needed to aggravate false transfers or if its just a remain from the past. Keywords: The doctrine of traditio, the doctrine of consensus, transfer of property, loose propert